In the Senate of the United States,

January 12 (legislative day, January 10), 1995.

Resolved, That the bill from the House of Representatives (H.R. 1) entitled ‘‘An Act to make certain laws applicable to the legislative branch of the Federal Government’’, do

pass with the following

AMENDMENT:

Strike out all after the enacting clause and insert:

1 SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

2 (a) SHORT TITLE.—This Act may be cited as the

3 ‘‘Congressional Accountability Act of 1995’’.

4 (b) TABLE OF CONTENTS.—The table of contents for

5 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
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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.

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.
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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.

1 TITLE I—GENERAL

2 SEC. 101. DEFINITIONS.

3 Except as otherwise specifically provided in this Act,

4 as used in this Act:

5 (1) BOARD.—The term ‘‘Board’’ means the

6 Board of Directors of the Office of Compliance.

7 (2) CHAIR.—The term ‘‘Chair’’ means the Chair

8 of the Board of Directors of the Office of Compliance.

9 (3) COVERED EMPLOYEE.—The term ‘‘covered

10 employee’’ means any employee of—

11 (A) the House of Representatives;

12 (B) the Senate;

13 (C) the Capitol Guide Service;

14 (D) the Capitol Police;
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1 (E) the Congressional Budget Office;

2 (F) the Office of the Architect of the Capitol;

3 (G) the Office of the Attending Physician;

4 (H) the Office of Compliance; or

5 (I) the Office of Technology Assessment.

6 (4) EMPLOYEE.—The term ‘‘employee’’ includes

7 an applicant for employment and a former employee.

8 (5) EMPLOYEE OF THE OFFICE OF THE ARCHI9 TECT OF THE CAPITOL.—The term ‘‘employee of the

10 Office of the Architect of the Capitol’’ includes any

11 employee of the Office of the Architect of the Capitol,

12 the Botanic Garden, or the Senate Restaurants.

13 (6) EMPLOYEE OF THE CAPITOL POLICE.—The

14 term ‘‘employee of the Capitol Police’’ includes any

15 member or officer of the Capitol Police.

16 (7) EMPLOYEE OF THE HOUSE OF REPRESENTA17 TIVES.—The term ‘‘employee of the House of Rep18 resentatives’’ includes an individual occupying a po19 sition the pay for which is disbursed by the Clerk of

20 the House of Representatives, or another official des21 ignated by the House of Representatives, or any em22 ployment position in an entity that is paid with

23 funds derived from the clerk-hire allowance of the

24 House of Representatives but not any such individual
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1 employed by any entity listed in subparagraphs (C)

2 through (I) of paragraph (3).

3 (8) EMPLOYEE OF THE SENATE.—The term ‘‘em4 ployee of the Senate’’ includes any employee whose

5 pay is disbursed by the Secretary of the Senate, but

6 not any such individual employed by any entity list7 ed in subparagraphs (C) through (I) of paragraph

8 (3).

9 (9) EMPLOYING OFFICE.—The term ‘‘employing

10 office’’ means—

11 (A) the personal office of a Member of the

12 House of Representatives or of a Senator;

13 (B) a committee of the House of Representa14 tives or the Senate or a joint committee;

15 (C) any other office headed by a person

16 with the final authority to appoint, hire, dis17 charge, and set the terms, conditions, or privi18 leges of the employment of an employee of the

19 House of Representatives or the Senate; or

20 (D) the Capitol Guide Board, the Capitol

21 Police Board, the Congressional Budget Office,

22 the Office of the Architect of the Capitol, the Of23 fice of the Attending Physician, the Office of

24 Compliance, and the Office of Technology Assess25 ment.
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1 (10) EXECUTIVE DIRECTOR.—The term ‘‘Execu2 tive Director’’ means the Executive Director of the Of3 fice of Compliance.

4 (11) GENERAL COUNSEL.—The term ‘‘General

5 Counsel’’ means the General Counsel of the Office of

6 Compliance.

7 (12) OFFICE.—The term ‘‘Office’’ means the Of8 fice of Compliance.

9 SEC. 102. APPLICATION OF LAWS.

10 (a) LAWS MADE APPLICABLE.—The following laws

11 shall apply, as prescribed by this Act, to the legislative

12 branch of the Federal Government:

13 (1) The Fair Labor Standards Act of 1938 (29

14 U.S.C. 201 et seq.).

15 (2) Title VII of the Civil Rights Act of 1964 (42

16 U.S.C. 2000e et seq.).

17 (3) The Americans with Disabilities Act of 1990

18 (42 U.S.C. 12101 et seq.).

19 (4) The Age Discrimination in Employment Act

20 of 1967 (29 U.S.C. 621 et seq.).

21 (5) The Family and Medical Leave Act of 1993

22 (29 U.S.C. 2611 et seq.).

23 (6) The Occupational Safety and Health Act of

24 1970 (29 U.S.C. 651 et seq.).
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1 (7) Chapter 71 (relating to Federal service labor2 management relations) of title 5, United States Code.

3 (8) The Employee Polygraph Protection Act of

4 1988 (29 U.S.C. 2001 et seq.).

5 (9) The Worker Adjustment and Retraining No6 tification Act (29 U.S.C. 2101 et seq.).

7 (10) The Rehabilitation Act of 1973 (29 U.S.C.

8 701 et seq.).

9 (11) Chapter 43 (relating to veterans’ employ10 ment and reemployment) of title 38, United States

11 Code.

12 (b) LAWS WHICH MAY BE MADE APPLICABLE.—

13 (1) IN GENERAL.—The Board shall review provi14 sions of Federal law (including regulations) relating

15 to (A) the terms and conditions of employment (in16 cluding hiring, promotion, demotion, termination,

17 salary, wages, overtime compensation, benefits, work

18 assignments or reassignments, grievance and discipli19 nary procedures, protection from discrimination in

20 personnel actions, occupational health and safety, and

21 family and medical and other leave) of employees,

22 and (B) access to public services and accommoda23 tions.

24 (2) BOARD REPORT.—Beginning on December

25 31, 1996, and every 2 years thereafter, the Board
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1 shall report on (A) whether or to what degree the pro2 visions described in paragraph (1) are applicable or

3 inapplicable to the legislative branch, and (B) with

4 respect to provisions inapplicable to the legislative

5 branch, whether such provisions should be made ap6 plicable to the legislative branch. The presiding offi7 cers of the House of Representatives and the Senate

8 shall cause each such report to be printed in the Con9 gressional Record and each such report shall be re10 ferred to the committees of the House of Representa11 tives and the Senate with jurisdiction.

12 (3) REPORTS OF CONGRESSIONAL COMMIT13 TEES.—Each report accompanying any bill or joint

14 resolution relating to terms and conditions of employ15 ment or access to public services or accommodations

16 reported by a committee of the House of Representa17 tives or the Senate shall—

18 (A) describe the manner in which the provi19 sions of the bill or joint resolution apply to the

20 legislative branch; or

21 (B) in the case of a provision not applicable

22 to the legislative branch, include a statement of

23 the reasons the provision does not apply.

24 On the objection of any Member, it shall not be in

25 order for the Senate or the House of Representatives
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1 to consider any such bill or joint resolution if the re2 port of the committee on such bill or joint resolution

3 does not comply with the provisions of this para4 graph. This paragraph may be waived in either

5 House by majority vote of that House.

6 TITLE II—EXTENSION OF

7 RIGHTS AND PROTECTIONS

8 PART A—EMPLOYMENT DISCRIMINATION, FAMILY

9 AND MEDICAL LEAVE, FAIR LABOR STAND10 ARDS, EMPLOYEE POLYGRAPH PROTECTION,

11 WORKER ADJUSTMENT AND RETRAINING,

12 EMPLOYMENT AND REEMPLOYMENT OF VET13 ERANS, AND INTIMIDATION

14 SEC. 201. RIGHTS AND PROTECTIONS UNDER TITLE VII OF

15 THE CIVIL RIGHTS ACT OF 1964, THE AGE DIS16 CRIMINATION IN EMPLOYMENT ACT OF 1967,

17 THE REHABILITATION ACT OF 1973, AND

18 TITLE I OF THE AMERICANS WITH DISABIL19 ITIES ACT OF 1990.

20 (a) DISCRIMINATORY PRACTICES PROHIBITED.—All

21 personnel actions affecting covered employees shall be made

22 free from any discrimination based on—

23 (1) race, color, religion, sex, or national origin,

24 within the meaning of section 703 of the Civil Rights

25 Act of 1964 (42 U.S.C. 2000e–2);
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1 (2) age, within the meaning of section 15 of the

2 Age Discrimination in Employment Act of 1967 (29

3 U.S.C. 633a); or

4 (3) disability, within the meaning of section 501

5 of the Rehabilitation Act of 1973 (29 U.S.C. 791) and

6 sections 102 through 104 of the Americans with Dis7 abilities Act of 1990 (42 U.S.C. 12112–12114).

8 (b) REMEDY.—

9 (1) CIVIL RIGHTS.—The remedy for a violation

10 of subsection (a)(1) shall be—

11 (A) such remedy as would be appropriate if

12 awarded under section 706(g) of the Civil Rights

13 Act of 1964 (42 U.S.C. 2000e–5(g)); and

14 (B) such compensatory damages as would

15 be appropriate if awarded under section 1977 of

16 the Revised Statutes (42 U.S.C. 1981), or as

17 would be appropriate if awarded under sections

18 1977A(a)(1), 1977A(b)(2), and, irrespective of

19 the size of the employing office, 1977A(b)(3)(D)

20 of the Revised Statutes (42 U.S.C. 1981a(a)(1),

21 1981a(b)(2), and 1981a(b)(3)(D)).

22 (2) AGE DISCRIMINATION.—The remedy for a

23 violation of subsection (a)(2) shall be—

24 (A) such remedy as would be appropriate if

25 awarded under section 15(c) of the Age Discrimi-
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1 nation in Employment Act of 1967 (29 U.S.C.

2 633a(c)); and

3 (B) such liquidated damages as would be

4 appropriate if awarded under section 7(b) of

5 such Act (29 U.S.C. 626(b)).

6 In addition, the waiver provisions of section 7(f) of

7 such Act (29 U.S.C. 626(f)) shall apply to covered em8 ployees.

9 (3) DISABILITIES DISCRIMINATION.—The remedy

10 for a violation of subsection (a)(3) shall be—

11 (A) such remedy as would be appropriate if

12 awarded under section 505(a)(1) of the Rehabili13 tation Act of 1973 (29 U.S.C. 794a(a)(1)) or sec14 tion 107(a) of the Americans with Disabilities

15 Act of 1990 (42 U.S.C. 12117(a)); and

16 (B) such compensatory damages as would

17 be appropriate if awarded under sections

18 1977A(a)(2), 1977A(a)(3), 1977A(b)(2), and, ir19 respective of the size of the employing office,

20 1977A(b)(3)(D) of the Revised Statutes (42

21 U.S.C. 1981a(a)(2), 1981a(a)(3), 1981a(b)(2),

22 and 1981a(b)(3)(D)).

23 (c) APPLICATION TO GENERAL ACCOUNTING OFFICE,

24 GOVERNMENT PRINTING OFFICE, AND LIBRARY OF CON25 GRESS.—
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1 (1) SECTION 717 OF THE CIVIL RIGHTS ACT OF

2 1964.—Section 717(a) of the Civil Rights Act of 1964

3 (42 U.S.C. 2000e–16) is amended by—

4 (A) striking ‘‘legislative and’’;

5 (B) striking ‘‘branches’’ and inserting

6 ‘‘branch’’; and

7 (C) inserting ‘‘Government Printing Office,

8 the General Accounting Office, and the’’ after

9 ‘‘and in the’’.

10 (2) SECTION 15 OF THE AGE DISCRIMINATION IN

11 EMPLOYMENT ACT OF 1967.—Section 15(a) of the Age

12 Discrimination in Employment Act of 1967 (29

13 U.S.C. 633a(a)) is amended by—

14 (A) striking ‘‘legislative and’’;

15 (B) striking ‘‘branches’’ and inserting

16 ‘‘branch’’; and

17 (C) inserting ‘‘Government Printing Office,

18 the General Accounting Office, and the’’ after

19 ‘‘and in the’’.

20 (3) SECTION 509 OF THE AMERICANS WITH DIS21 ABILITIES ACT OF 1990.—Section 509 of the Ameri22 cans with Disabilities Act of 1990 (42 U.S.C. 12209)

23 is amended—

24 (A) by striking subsections (a) and (b) of

25 section 509;
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1 (B) in subsection (c), by striking ‘‘(c) IN2 STRUMENTALITIES OF CONGRESS.—’’ and insert3 ing ‘‘The General Accounting Office, the Govern4 ment Printing Office, and the Library of Con5 gress shall be covered as follows:’’;

6 (C) by striking the second sentence of para7 graph (2);

8 (D) in paragraph (4), by striking ‘‘the in9 strumentalities of the Congress include’’ and in10 serting ‘‘the term ‘instrumentality of the Con11 gress’ means’’, by striking ‘‘the Architect of the

12 Capitol, the Congressional Budget Office’’, by in13 serting ‘‘and’’ before ‘‘the Library’’, and by strik14 ing ‘‘the Office of Technology Assessment, and

15 the United States Botanic Garden’’;

16 (E) by redesignating paragraph (5) as

17 paragraph (7) and by inserting after paragraph

18 (4) the following new paragraph:

19 ‘‘(5) ENFORCEMENT OF EMPLOYMENT RIGHTS.—

20 The remedies and procedures set forth in section 717

21 of the Civil Rights Act of 1964 (42 U.S.C. 2000e–16)

22 shall be available to any employee of an instrumen23 tality of the Congress who alleges a violation of the

24 rights and protections under sections 102 through 104

25 of this Act that are made applicable by this section,
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1 except that the authorities of the Equal Employment

2 Opportunity Commission shall be exercised by the

3 chief official of the instrumentality of the Congress.’’;

4 and

5 (F) by amending the title of the section to

6 read ‘‘INSTRUMENTALITIES OF THE CON7 GRESS’’.

8 (d) EFFECTIVE DATE.—This section shall take effect

9 1 year after the date of the enactment of this Act.

10 SEC. 202. RIGHTS AND PROTECTIONS UNDER THE FAMILY

11 AND MEDICAL LEAVE ACT OF 1993.

12 (a) FAMILY AND MEDICAL LEAVE RIGHTS AND PRO13 TECTIONS PROVIDED.—

14 (1) IN GENERAL.—The rights and protections es15 tablished by sections 101 through 105 of the Family

16 and Medical Leave Act of 1993 (29 U.S.C. 2611

17 through 2615) shall apply to covered employees.

18 (2) DEFINITION.—For purposes of the applica19 tion described in paragraph (1)—

20 (A) the term ‘‘employer’’ as used in the

21 Family and Medical Leave Act of 1993 means

22 any employing office, and

23 (B) the term ‘‘eligible employee’’ as used in

24 the Family and Medical Leave Act of 1993

25 means a covered employee who has been em-
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1 ployed in any employing office for 12 months

2 and for at least 1,250 hours of employment dur3 ing the previous 12 months.

4 (b) REMEDY.—The remedy for a violation of subsection

5 (a) shall be such remedy, including liquidated damages, as

6 would be appropriate if awarded under paragraph (1) of

7 section 107(a) of the Family and Medical Leave Act of 1993

8 (29 U.S.C. 2617(a)(1)).

9 (c) APPLICATION TO GENERAL ACCOUNTING OFFICE

10 AND LIBRARY OF CONGRESS.—

11 (1) AMENDMENTS TO THE FAMILY AND MEDICAL

12 LEAVE ACT OF 1993.—

13 (A) COVERAGE.—Section 101(4)(A) of the

14 Family and Medical Leave Act of 1993 (29

15 U.S.C. 2611(4)(A)) is amended by striking

16 ‘‘and’’ at the end of clause (ii), by striking the

17 period at the end of clause (iii) and inserting ‘‘;

18 and’’, and by adding after clause (iii) the follow19 ing:

20 ‘‘(iv) includes the General Accounting

21 Office and the Library of Congress.’’.

22 (B) ENFORCEMENT.—Section 107 of the

23 Family and Medical Leave Act of 1993 (29

24 U.S.C. 2617) is amended by adding at the end

25 the following:
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1 ‘‘(f) GENERAL ACCOUNTING OFFICE AND LIBRARY OF

2 CONGRESS.—In the case of the General Accounting Office

3 and the Library of Congress, the authority of the Secretary

4 of Labor under this title shall be exercised respectively by

5 the Comptroller General of the United States and the Li6 brarian of Congress.’’.

7 (2) CONFORMING AMENDMENT TO TITLE 5, UNIT8 ED STATES CODE.—Section 6381(1)(A) of title 5,

9 United States Code, is amended by striking ‘‘and’’

10 after ‘‘District of Columbia’’ and inserting before the

11 semicolon the following: ‘‘, and any employee of the

12 General Accounting Office or the Library of Con13 gress’’.

14 (d) REGULATIONS.—

15 (1) IN GENERAL.—The Board shall, pursuant to

16 section 304, issue regulations to implement the rights

17 and protections under this section.

18 (2) AGENCY REGULATIONS.—The regulations is19 sued under paragraph (1) shall be the same as sub20 stantive regulations promulgated by the Secretary of

21 Labor to implement the statutory provisions referred

22 to in subsection (a) except insofar as the Board may

23 determine, for good cause shown and stated together

24 with the regulation, that a modification of such regu-
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1 lations would be more effective for the implementation

2 of the rights and protections under this section.

3 (e) EFFECTIVE DATE.—

4 (1) IN GENERAL.—Subsections (a) and (b) shall

5 be effective 1 year after the date of the enactment of

6 this Act.

7 (2) GENERAL ACCOUNTING OFFICE AND LIBRARY

8 OF CONGRESS.—Subsection (c) shall be effective 1

9 year after transmission to the Congress of the study

10 under section 230.

11 SEC. 203. RIGHTS AND PROTECTIONS UNDER THE FAIR

12 LABOR STANDARDS ACT OF 1938.

13 (a) FAIR LABOR STANDARDS.—

14 (1) IN GENERAL.—The rights and protections es15 tablished by subsections (a)(1) and (d) of section 6,

16 section 7, and section 12(c) of the Fair Labor Stand17 ards Act of 1938 (29 U.S.C. 206 (a)(1) and (d), 207,

18 212(c)) shall apply to covered employees.

19 (2) INTERNS.—For the purposes of this section,

20 the term ‘‘covered employee’’ does not include an in21 tern as defined in regulations under subsection (c).

22 (3) COMPENSATORY TIME.—Except as provided

23 in regulations under subsection (c)(3), covered em24 ployees may not receive compensatory time in lieu of

25 overtime compensation.
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1 (b) REMEDY.—The remedy for a violation of subsection

2 (a) shall be such remedy, including liquidated damages, as

3 would be appropriate if awarded under section 16(b) of the

4 Fair Labor Standards Act of 1938 (29 U.S.C. 216(b)).

5 (c) REGULATIONS TO IMPLEMENT SECTION.—

6 (1) IN GENERAL.—The Board shall, pursuant to

7 section 304, issue regulations to implement this sec8 tion.

9 (2) AGENCY REGULATIONS.—Except as provided

10 in paragraph (3), the regulations issued under para11 graph (1) shall be the same as substantive regulations

12 promulgated by the Secretary of Labor to implement

13 the statutory provisions referred to in subsection (a)

14 except insofar as the Board may determine, for good

15 cause shown and stated together with the regulation,

16 that a modification of such regulations would be more

17 effective for the implementation of the rights and pro18 tections under this section.

19 (3) IRREGULAR WORK SCHEDULES.—The Board

20 shall issue regulations for covered employees whose

21 work schedules directly depend on the schedule of the

22 House of Representatives or the Senate that shall be

23 comparable to the provisions in the Fair Labor

24 Standards Act of 1938 that apply to employees who

25 have irregular work schedules.
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1 (d) APPLICATION TO THE GOVERNMENT PRINTING OF2 FICE.—Section 3(e)(2)(A) of the Fair Labor Standards Act

3 of 1938 (29 U.S.C. 203(e)(2)(A)) is amended—

4 (1) in clause (iii), by striking ‘‘legislative or’’,

5 (2) by striking ‘‘or’’ at the end of clause (iv),

6 and

7 (3) by striking the semicolon at the end of clause

8 (v) and inserting ‘‘, or’’ and by adding after clause

9 (v) the following:

10 ‘‘(vi) the Government Printing Office;’’.

11 (e) EFFECTIVE DATE.—Subsections (a) and (b) shall

12 be effective 1 year after the date of the enactment of this

13 Act.

14 SEC. 204. RIGHTS AND PROTECTIONS UNDER THE EM15 PLOYEE POLYGRAPH PROTECTION ACT OF

16 1988.

17 (a) POLYGRAPH PRACTICES PROHIBITED.—

18 (1) IN GENERAL.—No employing office, irrespec19 tive of whether a covered employee works in that em20 ploying office, may require a covered employee to take

21 a lie detector test where such a test would be prohib22 ited if required by an employer under paragraph (1),

23 (2), or (3) of section 3 of the Employee Polygraph

24 Protection Act of 1988 (29 U.S.C. 2002 (1), (2), or

25 (3)). In addition, the waiver provisions of section
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1 6(d) of such Act (29 U.S.C. 2005(d)) shall apply to

2 covered employees.

3 (2) DEFINITIONS.—For purposes of this section,

4 the term ‘‘covered employee’’ shall include employees

5 of the General Accounting Office and the Library of

6 Congress and the term ‘‘employing office’’ shall in7 clude the General Accounting Office and the Library

8 of Congress.

9 (3) CAPITOL POLICE.—Nothing in this section

10 shall preclude the Capitol Police from using lie detec11 tor tests in accordance with regulations under sub12 section (c).

13 (b) REMEDY.—The remedy for a violation of subsection

14 (a) shall be such remedy as would be appropriate if award15 ed under section 6(c)(1) of the Employee Polygraph Protec16 tion Act of 1988 (29 U.S.C. 2005(c)(1)).

17 (c) REGULATIONS TO IMPLEMENT SECTION.—

18 (1) IN GENERAL.—The Board shall, pursuant to

19 section 304, issue regulations to implement this sec20 tion.

21 (2) AGENCY REGULATIONS.—The regulations is22 sued under paragraph (1) shall be the same as sub23 stantive regulations promulgated by the Secretary of

24 Labor to implement the statutory provisions referred

25 to in subsections (a) and (b) except insofar as the
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1 Board may determine, for good cause shown and stat2 ed together with the regulation, that a modification of

3 such regulations would be more effective for the imple4 mentation of the rights and protections under this

5 section.

6 (d) EFFECTIVE DATE.—

7 (1) IN GENERAL.—Except as provided in para8 graph (2), subsections (a) and (b) shall be effective 1

9 year after the date of the enactment of this Act.

10 (2) GENERAL ACCOUNTING OFFICE AND LIBRARY

11 OF CONGRESS.—This section shall be effective with re12 spect to the General Accounting Office and the Li13 brary of Congress 1 year after transmission to the

14 Congress of the study under section 230.

15 SEC. 205. RIGHTS AND PROTECTIONS UNDER THE WORKER

16 ADJUSTMENT AND RETRAINING NOTIFICA17 TION ACT.

18 (a) WORKER ADJUSTMENT AND RETRAINING NOTIFI19 CATION RIGHTS.—

20 (1) IN GENERAL.—No employing office shall be

21 closed or a mass layoff ordered within the meaning of

22 section 3 of the Worker Adjustment and Retraining

23 Notification Act (29 U.S.C. 2102) until the end of a

24 60-day period after the employing office serves writ25 ten notice of such prospective closing or layoff to rep-
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1 resentatives of covered employees or, if there are no

2 representatives, to covered employees.

3 (2) DEFINITIONS.—For purposes of this section,

4 the term ‘‘covered employee’’ shall include employees

5 of the General Accounting Office and the Library of

6 Congress and the term ‘‘employing office’’ shall in7 clude the General Accounting Office and the Library

8 of Congress.

9 (b) REMEDY.—The remedy for a violation of subsection

10 (a) shall be such remedy as would be appropriate if award11 ed under paragraphs (1), (2), and (4) of section 5(a) of

12 the Worker Adjustment and Retraining Notification Act (29

13 U.S.C. 2104(a)(1), (2), and (4)).

14 (c) REGULATIONS TO IMPLEMENT SECTION.—

15 (1) IN GENERAL.—The Board shall, pursuant to

16 section 304, issue regulations to implement this sec17 tion.

18 (2) AGENCY REGULATIONS.—The regulations is19 sued under paragraph (1) shall be the same as sub20 stantive regulations promulgated by the Secretary of

21 Labor to implement the statutory provisions referred

22 to in subsection (a) except insofar as the Board may

23 determine, for good cause shown and stated together

24 with the regulation, that a modification of such regu-
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1 lations would be more effective for the implementation

2 of the rights and protections under this section.

3 (d) EFFECTIVE DATE.—

4 (1) IN GENERAL.—Except as provided in para5 graph (2), subsections (a) and (b) shall be effective 1

6 year after the date of the enactment of this Act.

7 (2) GENERAL ACCOUNTING OFFICE AND LIBRARY

8 OF CONGRESS.—This section shall be effective with re9 spect to the General Accounting Office and the Li10 brary of Congress 1 year after transmission to the

11 Congress of the study under section 230.

12 SEC. 206. RIGHTS AND PROTECTIONS RELATING TO VETER13 ANS’ EMPLOYMENT AND REEMPLOYMENT.

14 (a) EMPLOYMENT AND REEMPLOYMENT RIGHTS OF

15 MEMBERS OF THE UNIFORMED SERVICES.—

16 (1) IN GENERAL.—It shall be unlawful for an

17 employing office to—

18 (A) discriminate, within the meaning of

19 subsections (a) and (b) of section 4311 of title

20 38, United States Code, against an eligible em21 ployee;

22 (B) deny to an eligible employee reemploy23 ment rights within the meaning of sections 4312

24 and 4313 of title 38, United States Code; or
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1 (C) deny to an eligible employee benefits

2 within the meaning of sections 4316, 4317, and

3 4318 of title 38, United States Code.

4 (2) DEFINITIONS.—For purposes of this sec5 tion—

6 (A) the term ‘‘eligible employee’’ means a

7 covered employee performing service in the uni8 formed services, within the meaning of section

9 4303(13) of title 38, United States Code, whose

10 service has not been terminated upon occurrence

11 of any of the events enumerated in section 4304

12 of title 38, United States Code,

13 (B) the term ‘‘covered employee’’ includes

14 employees of the General Accounting Office and

15 the Library of Congress, and

16 (C) the term ‘‘employing office’’ includes the

17 General Accounting Office and the Library of

18 Congress.

19 (b) REMEDY.—The remedy for a violation of subsection

20 (a) shall be such remedy as would be appropriate if award21 ed under paragraphs (1), (2)(A), and (3) of section 4323(c)

22 of title 38, United States Code.

23 (c) REGULATIONS TO IMPLEMENT SECTION.—
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1 (1) IN GENERAL.—The Board shall, pursuant to

2 section 304, issue regulations to implement this sec3 tion.

4 (2) AGENCY REGULATIONS.—The regulations is5 sued under paragraph (1) shall be the same as sub6 stantive regulations promulgated by the Secretary of

7 Labor to implement the statutory provisions referred

8 to in subsection (a) except to the extent that the

9 Board may determine, for good cause shown and stat10 ed together with the regulation, that a modification of

11 such regulations would be more effective for the imple12 mentation of the rights and protections under this

13 section.

14 (d) EFFECTIVE DATE.—

15 (1) IN GENERAL.—Except as provided in para16 graph (2), subsections (a) and (b) shall be effective 1

17 year after the date of the enactment of this Act.

18 (2) GENERAL ACCOUNTING OFFICE AND LIBRARY

19 OF CONGRESS.—This section shall be effective with re20 spect to the General Accounting Office and the Li21 brary of Congress 1 year after transmission to the

22 Congress of the study under section 230.

23 SEC. 207. PROHIBITION OF INTIMIDATION OR REPRISAL.

24 (a) IN GENERAL.—It shall be unlawful for an employ25 ing office to intimidate, take reprisal against, or otherwise
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1 discriminate against, any covered employee because the cov2 ered employee has opposed any practice made unlawful by

3 this Act, or because the covered employee has initiated pro4 ceedings, made a charge, or testified, assisted, or partici5 pated in any manner in a hearing or other proceeding

6 under this Act.

7 (b) REMEDY.—The remedy available for a violation of

8 subsection (a) shall be such legal or equitable remedy as

9 may be appropriate to redress a violation of subsection (a).

10 PART B—PUBLIC SERVICES AND ACCOMMODA11 TIONS UNDER THE AMERICANS WITH DIS12 ABILITIES ACT OF 1990

13 SEC. 210. RIGHTS AND PROTECTIONS UNDER THE AMERI14 CANS WITH DISABILITIES ACT OF 1990 RELAT15 ING TO PUBLIC SERVICES AND ACCOMMODA16 TIONS; PROCEDURES FOR REMEDY OF VIOLA17 TIONS.

18 (a) ENTITIES SUBJECT TO THIS SECTION.—The re19 quirements of this section shall apply to—

20 (1) each office of the Senate, including each office

21 of a Senator and each committee;

22 (2) each office of the House of Representatives,

23 including each office of a Member of the House of

24 Representatives and each committee;

25 (3) each joint committee of the Congress;
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1 (4) the Capitol Guide Service;

2 (5) the Capitol Police;

3 (6) the Congressional Budget Office;

4 (7) the Office of the Architect of the Capitol (in5 cluding the Senate Restaurants and the Botanic Gar6 den);

7 (8) the Office of the Attending Physician;

8 (9) the Office of Compliance; and

9 (10) the Office of Technology Assessment.

10 (b) DISCRIMINATION IN PUBLIC SERVICES AND AC11 COMMODATIONS.—

12 (1) RIGHTS AND PROTECTIONS.—The rights and

13 protections against discrimination in the provision of

14 public services and accommodations established by

15 sections 201 through 230, 302, 303, and 309 of the

16 Americans with Disabilities Act of 1990 (42 U.S.C.

17 12131–12150, 12182, 12183, and 12189) shall apply

18 to the entities listed in subsection (a).

19 (2) DEFINITIONS.—For purposes of the applica20 tion of title II of the Americans with Disabilities Act

21 of 1990 (42 U.S.C. 12131 et seq.) under this section,

22 the term ‘‘public entity’’ means any entity listed in

23 subsection (a) that provides public services, programs,

24 or activities.
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1 (c) REMEDY.—The remedy for a violation of subsection

2 (b) shall be such remedy as would be appropriate if award3 ed under section 203 or 308(a) of the Americans with Dis4 abilities Act of 1990 (42 U.S.C. 12133, 12188(a)), except

5 that, with respect to any claim of employment discrimina6 tion asserted by any covered employee, the exclusive remedy

7 shall be under section 201 of this title.

8 (d) AVAILABLE PROCEDURES.—

9 (1) CHARGE FILED WITH GENERAL COUNSEL.—

10 A qualified individual with a disability, as defined in

11 section 201(2) of the Americans with Disabilities Act

12 of 1990 (42 U.S.C. 12131(2)), who alleges a violation

13 of subsection (b) by an entity listed in subsection (a),

14 may file a charge against any entity responsible for

15 correcting the violation with the General Counsel

16 within 180 days of the occurrence of the alleged viola17 tion. The General Counsel shall investigate the charge.

18 (2) MEDIATION.—If, upon investigation under

19 paragraph (1), the General Counsel believes that a

20 violation of subsection (b) may have occurred and

21 that mediation may be helpful in resolving the dis22 pute, the General Counsel may request, but not par23 ticipate in, mediation under subsections (b) through

24 (d) of section 403 between the charging individual
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1 and any entity responsible for correcting the alleged

2 violation.

3 (3) COMPLAINT, HEARING, BOARD REVIEW.—If

4 mediation under paragraph (2) has not succeeded in

5 resolving the dispute, and if the General Counsel be6 lieves that a violation of subsection (b) may have oc7 curred, the General Counsel may file with the Office

8 a complaint against any entity responsible for cor9 recting the violation. The complaint shall be submit10 ted to a hearing officer for decision pursuant to sub11 sections (b) through (h) of section 405 and any person

12 who has filed a charge under paragraph (1) may in13 tervene as of right, with the full rights of a party. The

14 decision of the hearing officer shall be subject to re15 view by the Board pursuant to section 406.

16 (4) JUDICIAL REVIEW.—A charging individual

17 who has intervened under paragraph (3) or any re18 spondent to the complaint, if aggrieved by a final de19 cision of the Board under paragraph (3), may file a

20 petition for review in the United States Court of Ap21 peals for the Federal Circuit, pursuant to section 407.

22 (5) COMPLIANCE DATE.—If new appropriated

23 funds are necessary to comply with an order requir24 ing correction of a violation of subsection (b), compli25 ance shall take place as soon as possible, but no later
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1 than the fiscal year following the end of the fiscal

2 year in which the order requiring correction becomes

3 final and not subject to further review.

4 (e) REGULATIONS TO IMPLEMENT SECTION.—

5 (1) IN GENERAL.—The Board shall, pursuant to

6 section 304, issue regulations to implement this sec7 tion.

8 (2) AGENCY REGULATIONS.—The regulations is9 sued under paragraph (1) shall be the same as sub10 stantive regulations promulgated by the Attorney

11 General and the Secretary of Transportation to im12 plement the statutory provisions referred to in sub13 section (b) except to the extent that the Board may

14 determine, for good cause shown and stated together

15 with the regulation, that a modification of such regu16 lations would be more effective for the implementation

17 of the rights and protections under this section.

18 (3) ENTITY RESPONSIBLE FOR CORRECTION.—

19 The regulations issued under paragraph (1) shall in20 clude a method of identifying, for purposes of this sec21 tion and for categories of violations of subsection (b),

22 the entity responsible for correction of a particular

23 violation.

24 (f) PERIODIC INSPECTIONS; REPORT TO CONGRESS;

25 INITIAL STUDY.—
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1 (1) PERIODIC INSPECTIONS.—On a regular basis,

2 and at least once each Congress, the General Counsel

3 shall inspect the facilities of the entities listed in sub4 section (a) to ensure compliance with subsection (b).

5 (2) REPORT.—On the basis of each periodic in6 spection, the General Counsel shall, at least once every

7 Congress, prepare and submit a report—

8 (A) to the Speaker of the House of Rep9 resentatives, the President pro tempore of the

10 Senate, and the Office of the Architect of the

11 Capitol, or other entity responsible, for correct12 ing the violation of this section uncovered by

13 such inspection, and

14 (B) containing the results of the periodic

15 inspection, describing any steps necessary to cor16 rect any violation of this section, assessing any

17 limitations in accessibility to and usability by

18 individuals with disabilities associated with each

19 violation, and the estimated cost and time need20 ed for abatement.

21 (3) INITIAL PERIOD FOR STUDY AND CORRECTIVE

22 ACTION.—The period from the date of the enactment

23 of this Act until December 31, 1996, shall be available

24 to the Office of the Architect of the Capitol and other

25 entities subject to this section to identify any viola-
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1 tions of subsection (b), to determine the costs of com2 pliance, and to take any necessary corrective action

3 to abate any violations. The Office shall assist the Of4 fice of the Architect of the Capitol and other entities

5 listed in subsection (a) by arranging for inspections

6 and other technical assistance at their request. Prior

7 to July 1, 1996, the General Counsel shall conduct a

8 thorough inspection under paragraph (1) and shall

9 submit the report under paragraph (2) for the 104th

10 Congress.

11 (4) DETAILED PERSONNEL.—The Attorney Gen12 eral, the Secretary of Transportation, and the Archi13 tectural and Transportation Barriers Compliance

14 Board may, on request of the Executive Director, de15 tail to the Office such personnel as may be necessary

16 to advise and assist the Office in carrying out its du17 ties under this section.

18 (g) APPLICATION OF AMERICANS WITH DISABILITIES

19 ACT OF 1990 TO THE PROVISION OF PUBLIC SERVICES AND

20 ACCOMMODATIONS BY THE GENERAL ACCOUNTING OFFICE,

21 THE GOVERNMENT PRINTING OFFICE, AND THE LIBRARY

22 OF CONGRESS.—Section 509 of the Americans with Disabil23 ities Act of 1990 (42 U.S.C. 12209)), as amended by section

24 201(c) of this Act, is amended by adding the following new

25 paragraph:
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1 ‘‘(6) ENFORCEMENT OF RIGHTS TO PUBLIC SERV2 ICES AND ACCOMMODATIONS.—The remedies and pro3 cedures set forth in section 717 of the Civil Rights Act

4 of 1964 (42 U.S.C. 2000e–16) shall be available to

5 any qualified person with a disability who is a visi6 tor, guest, or patron of an instrumentality of Con7 gress and who alleges a violation of the rights and

8 protections under sections 201 through 230 or section

9 302 or 303 of this Act that are made applicable by

10 this section, except that the authorities of the Equal

11 Employment Opportunity Commission shall be exer12 cised by the chief official of the instrumentality of the

13 Congress.’’.

14 (h) EFFECTIVE DATE.—

15 (1) IN GENERAL.—Subsections (b), (c), and (d)

16 shall be effective on January 1, 1997.

17 (2) GENERAL ACCOUNTING OFFICE, GOVERNMENT

18 PRINTING OFFICE, AND LIBRARY OF CONGRESS.—Sub19 section (g) shall be effective 1 year after transmission

20 to the Congress of the study under section 230.
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1 PART C—OCCUPATIONAL SAFETY AND HEALTH

2 ACT OF 1970

3 SEC. 215. RIGHTS AND PROTECTIONS UNDER THE OCCUPA4 TIONAL SAFETY AND HEALTH ACT OF 1970;

5 PROCEDURES FOR REMEDY OF VIOLATIONS.

6 (a) OCCUPATIONAL SAFETY AND HEALTH PROTEC7 TIONS.—

8 (1) IN GENERAL.—Each employing office and

9 each covered employee shall comply with the provi10 sions of section 5 of the Occupational Safety and

11 Health Act of 1970 (29 U.S.C. 654).

12 (2) DEFINITIONS.—For purposes of the applica13 tion under this section of the Occupational Safety

14 and Health Act of 1970—

15 (A) the term ‘‘employer’’ as used in such

16 Act means an employing office;

17 (B) the term ‘‘employee’’ as used in such

18 Act means a covered employee;

19 (C) the term ‘‘employing office’’ includes the

20 General Accounting Office, the Library of Con21 gress, and any entity listed in subsection (a) of

22 section 210 that is responsible for correcting a

23 violation of this section, irrespective of whether

24 the entity has an employment relationship with

25 any covered employee in any employing office in

26 which such a violation occurs; and
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1 (D) the term ‘‘employee’’ includes employees

2 of the General Accounting Office and the Library

3 of Congress.

4 (b) REMEDY.—The remedy for a violation of subsection

5 (a) shall be an order to correct the violation, including such

6 order as would be appropriate if issued under section 13(a)

7 of the Occupational Safety and Health Act of 1970 (29

8 U.S.C. 662(a)).

9 (c) PROCEDURES.—

10 (1) REQUESTS FOR INSPECTIONS.—Upon written

11 request of any employing office or covered employee,

12 the General Counsel shall exercise the authorities

13 granted to the Secretary of Labor by subsections (a),

14 (d), (e), and (f) of section 8 of the Occupational Safe15 ty and Health Act of 1970 (29 U.S.C. 657 (a), (d),

16 (e), and (f)) to inspect and investigate places of em17 ployment under the jurisdiction of employing offices.

18 (2) CITATIONS, NOTICES, AND NOTIFICATIONS.—

19 For purposes of this section, the General Counsel shall

20 exercise the authorities granted to the Secretary of

21 Labor in sections 9 and 10 of the Occupational Safety

22 and Health Act of 1970 (29 U.S.C. 658 and 659), to

23 issue—
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1 (A) a citation or notice to any employing

2 office responsible for correcting a violation of

3 subsection (a); or

4 (B) a notification to any employing office

5 that the General Counsel believes has failed to

6 correct a violation for which a citation has been

7 issued within the period permitted for its correc8 tion.

9 (3) HEARINGS AND REVIEW.—If after issuing a

10 citation or notification, the General Counsel deter11 mines that a violation has not been corrected, the

12 General Counsel may file a complaint with the Office

13 against the employing office named in the citation or

14 notification. The complaint shall be submitted to a

15 hearing officer for decision pursuant to subsections

16 (b) through (h) of section 405, subject to review by the

17 Board pursuant to section 406.

18 (4) VARIANCE PROCEDURES.—An employing of19 fice may request from the Board an order granting a

20 variance from a standard made applicable by this

21 section. For the purposes of this section, the Board

22 shall exercise the authorities granted to the Secretary

23 of Labor in sections 6(b)(6) and 6(d) of the Occupa24 tional Safety and Health Act of 1970 (29 U.S.C.

25 655(b)(6) and 655(d)) to act on any employing of-
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1 fice’s request for a variance. The Board shall refer the

2 matter to a hearing officer pursuant to subsections (b)

3 through (h) of section 405, subject to review by the

4 Board pursuant to section 406.

5 (5) JUDICIAL REVIEW.—The General Counsel or

6 employing office aggrieved by a final decision of the

7 Board under paragraph (3) or (4), may file a peti8 tion for review with the United States Court of Ap9 peals for the Federal Circuit pursuant to section 407.

10 (6) COMPLIANCE DATE.—If new appropriated

11 funds are necessary to correct a violation of sub12 section (a) for which a citation is issued, or to comply

13 with an order requiring correction of such a violation,

14 correction or compliance shall take place as soon as

15 possible, but not later than the end of the fiscal year

16 following the fiscal year in which the citation is is17 sued or the order requiring correction becomes final

18 and not subject to further review.

19 (d) REGULATIONS TO IMPLEMENT SECTION.—

20 (1) IN GENERAL.—The Board shall, pursuant to

21 section 304, issue regulations to implement this sec22 tion.

23 (2) AGENCY REGULATIONS.—The regulations is24 sued under paragraph (1) shall be the same as sub25 stantive regulations promulgated by the Secretary of
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1 Labor to implement the statutory provisions referred

2 to in subsection (a) except to the extent that the

3 Board may determine, for good cause shown and stat4 ed together with the regulation, that a modification of

5 such regulations would be more effective for the imple6 mentation of the rights and protections under this

7 section.

8 (3) EMPLOYING OFFICE RESPONSIBLE FOR COR9 RECTION.—The regulations issued under paragraph

10 (1) shall include a method of identifying, for purposes

11 of this section and for different categories of violations

12 of subsection (a), the employing office responsible for

13 correction of a particular violation.

14 (e) PERIODIC INSPECTIONS; REPORT TO CONGRESS.—

15 (1) PERIODIC INSPECTIONS.—On a regular basis,

16 and at least once each Congress, the General Counsel,

17 exercising the same authorities of the Secretary of

18 Labor as under subsection (c)(1), shall conduct peri19 odic inspections of all facilities of the House of Rep20 resentatives, the Senate, the Capitol Guide Service,

21 the Capitol Police, the Congressional Budget Office,

22 the Office of the Architect of the Capitol, the Office of

23 the Attending Physician, the Office of Compliance, the

24 Office of Technology Assessment, the Library of Con-
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1 gress, and the General Accounting Office to report on

2 compliance with subsection (a).

3 (2) REPORT.—On the basis of each periodic in4 spection, the General Counsel shall prepare and sub5 mit a report—

6 (A) to the Speaker of the House of Rep7 resentatives, the President pro tempore of the

8 Senate, and the Office of the Architect of the

9 Capitol or other employing office responsible for

10 correcting the violation of this section uncovered

11 by such inspection, and

12 (B) containing the results of the periodic

13 inspection, identifying the employing office re14 sponsible for correcting the violation of this sec15 tion uncovered by such inspection, describing

16 any steps necessary to correct any violation of

17 this section, and assessing any risks to employee

18 health and safety associated with any violation.

19 (3) ACTION AFTER REPORT.—If a report identi20 fies any violation of this section, the General Counsel

21 shall issue a citation or notice in accordance with

22 subsection (c)(2)(A).

23 (4) DETAILED PERSONNEL.—The Secretary of

24 Labor may, on request of the Executive Director, de25 tail to the Office such personnel as may be necessary
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1 to advise and assist the Office in carrying out its du2 ties under this section.

3 (f) INITIAL PERIOD FOR STUDY AND CORRECTIVE AC4 TION.—The period from the date of the enactment of this

5 Act until December 31, 1996, shall be available to the Office

6 of the Architect of the Capitol and other employing offices

7 to identify any violations of subsection (a), to determine

8 the costs of compliance, and to take any necessary corrective

9 action to abate any violations. The Office shall assist the

10 Office of the Architect of the Capitol and other employing

11 offices by arranging for inspections and other technical as12 sistance at their request. Prior to July 1, 1996, the General

13 Counsel shall conduct a thorough inspection under sub14 section (e)(1) and shall submit the report under subsection

15 (e)(2) for the 104th Congress.

16 (g) EFFECTIVE DATE.—

17 (1) IN GENERAL.—Except as provided in para18 graph (2), subsections (a), (b), (c), and (e)(3) shall be

19 effective on January 1, 1997.

20 (2) GENERAL ACCOUNTING OFFICE AND LIBRARY

21 OF CONGRESS.—This section shall be effective with re22 spect to the General Accounting Office and the Li23 brary of Congress 1 year after transmission to the

24 Congress of the study under section 230.
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1 PART D—LABOR-MANAGEMENT RELATIONS

2 SEC. 220. APPLICATION OF CHAPTER 71 OF TITLE 5, UNITED

3 STATES CODE, RELATING TO FEDERAL SERV4 ICE LABOR-MANAGEMENT RELATIONS; PRO5 CEDURES FOR REMEDY OF VIOLATIONS.

6 (a) LABOR-MANAGEMENT RIGHTS.—

7 (1) IN GENERAL.—The rights, protections, and

8 responsibilities established under sections 7102, 7106,

9 7111 through 7117, 7119 through 7122, and 7131 of

10 title 5, United States Code, shall apply to employing

11 offices and to covered employees and representatives of

12 those employees.

13 (2) DEFINITION.—For purposes of the applica14 tion under this section of the sections referred to in

15 paragraph (1), the term ‘‘agency’’ shall be deemed to

16 include an employing office.

17 (b) REMEDY.—The remedy for a violation of subsection

18 (a) shall be such remedy, including a remedy under section

19 7118(a)(7) of title 5, United States Code, as would be ap20 propriate if awarded by the Federal Labor Relations Au21 thority to remedy a violation of any provision made appli22 cable by subsection (a).

23 (c) AUTHORITIES AND PROCEDURES FOR IMPLEMEN24 TATION AND ENFORCEMENT.—

25 (1) GENERAL AUTHORITIES OF THE BOARD; PE26 TITIONS.—For purposes of this section and except as
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1 otherwise provided in this section, the Board shall ex2 ercise the authorities of the Federal Labor Relations

3 Authority under sections 7105, 7111, 7112, 7113,

4 7115, 7117, 7118, and 7122 of title 5, United States

5 Code, and of the President under section 7103(b) of

6 title 5, United States Code. For purposes of this sec7 tion, any petition or other submission that, under

8 chapter 71 of title 5, United States Code, would be

9 submitted to the Federal Labor Relations Authority

10 shall, if brought under this section, be submitted to

11 the Board. The Board shall refer any matter under

12 this paragraph to a hearing officer for decision pur13 suant to subsections (b) through (h) of section 405,

14 subject to review by the Board pursuant to section

15 406. The Board may direct that the General Counsel

16 carry out the Board’s investigative authorities under

17 this paragraph.

18 (2) GENERAL AUTHORITIES OF THE GENERAL

19 COUNSEL; CHARGES OF UNFAIR LABOR PRACTICE.—

20 For purposes of this section and except as otherwise

21 provided in this section, the General Counsel shall ex22 ercise the authorities of the General Counsel of the

23 Federal Labor Relations Authority under sections

24 7104 and 7118 of title 5, United States Code. For

25 purposes of this section, any charge or other submis-
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1 sion that, under chapter 71 of title 5, United States

2 Code, would be submitted to the General Counsel of

3 the Federal Labor Relations Authority shall, if

4 brought under this section, be submitted to the Gen5 eral Counsel. If any person charges an employing of6 fice or a labor organization with having engaged in

7 or engaging in an unfair labor practice and makes

8 such charge within 180 days of the occurrence of the

9 alleged unfair labor practice, the General Counsel

10 shall investigate the charge and may file a complaint

11 with the Office. The complaint shall be submitted to

12 a hearing officer for decision pursuant to subsections

13 (b) through (h) of section 405, subject to review by the

14 Board pursuant to section 406.

15 (3) JUDICIAL REVIEW.—Except for matters re16 ferred to in paragraphs (1) and (2) of section 7123(a)

17 of title 5, United States Code, the General Counsel or

18 the respondent to the complaint, if aggrieved by a

19 final decision of the Board under paragraphs (1) or

20 (2) of this subsection, may file a petition for judicial

21 review in the United States Court of Appeals for the

22 Federal Circuit pursuant to section 407.

23 (4) EXERCISE OF IMPASSES PANEL AUTHORITY;

24 REQUESTS.—For purposes of this section and except

25 as otherwise provided in this section, the Board shall
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1 exercise the authorities of the Federal Service Im2 passes Panel under section 7119 of title 5, United

3 States Code. For purposes of this section, any request

4 that, under chapter 71 of title 5, United States Code,

5 would be presented to the Federal Service Impasses

6 Panel shall, if made under this section, be presented

7 to the Board. At the request of the Board, the Execu8 tive Director shall appoint a mediator or mediators

9 to perform the functions of the Federal Service Im10 passes Panel under section 7119 of title 5, United

11 States Code.

12 (d) REGULATIONS TO IMPLEMENT SECTION.—

13 (1) IN GENERAL.—The Board shall, pursuant to

14 section 304, issue regulations to implement this sec15 tion.

16 (2) AGENCY REGULATIONS.—Except as provided

17 in subsection (e), the regulations issued under para18 graph (1) shall be the same as substantive regulations

19 promulgated by the Federal Labor Relations Author20 ity to implement the statutory provisions referred to

21 in subsection (a) except—

22 (A) to the extent that the Board may deter23 mine, for good cause shown and stated together

24 with the regulation, that a modification of such

25 regulations would be more effective for the imple-
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1 mentation of the rights and protections under

2 this section; or

3 (B) as the Board deems necessary to avoid

4 a conflict of interest or appearance of a conflict

5 of interest.

6 (e) SPECIFIC REGULATIONS REGARDING APPLICATION

7 TO CERTAIN OFFICES OF CONGRESS.—

8 (1) REGULATIONS REQUIRED.—The Board shall

9 issue regulations pursuant to section 304 on the man10 ner and extent to which the requirements and exemp11 tions of chapter 71 of title 5, United States Code,

12 should apply to covered employees who are employed

13 in the offices listed in paragraph (2). The regulations

14 shall, to the greatest extent practicable, be consistent

15 with the provisions and purposes of chapter 71 of title

16 5, United States Code and of this Act, and shall be

17 the same as substantive regulations issued by the Fed18 eral Labor Relations Authority under such chapter,

19 except—

20 (A) to the extent that the Board may deter21 mine, for good cause shown and stated together

22 with the regulation, that a modification of such

23 regulations would be more effective for the imple24 mentation of the rights and protections under

25 this section; and
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1 (B) that the Board shall exclude from cov2 erage under this section any covered employees

3 who are employed in offices listed in paragraph

4 (2) if the Board determines that such exclusion

5 is required because of—

6 (i) a conflict of interest or appearance

7 of a conflict of interest; or

8 (ii) Congress’ constitutional respon9 sibilities.

10 (2) OFFICES REFERRED TO.—The offices referred

11 to in paragraph (1) include—

12 (A) the personal office of any Member of the

13 House of Representatives or of any Senator;

14 (B) a standing, select, special, permanent,

15 temporary, or other committee of the Senate or

16 House of Representatives, or a joint committee of

17 Congress;

18 (C) the Office of the Vice President (as

19 President of the Senate), the Office of the Presi20 dent pro tempore of the Senate, the Office of the

21 Majority Leader of the Senate, the Office of the

22 Minority Leader of the Senate, the Office of the

23 Majority Whip of the Senate, the Office of the

24 Minority Whip of the Senate, the Conference of

25 the Majority of the Senate, the Conference of the
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1 Minority of the Senate, the Office of the Sec2 retary of the Conference of the Majority of the

3 Senate, the Office of the Secretary of the Con4 ference of the Minority of the Senate, the Office

5 of the Secretary for the Majority of the Senate,

6 the Office of the Secretary for the Minority of the

7 Senate, the Majority Policy Committee of the

8 Senate, the Minority Policy Committee of the

9 Senate, and the following offices within the Of10 fice of the Secretary of the Senate: Offices of the

11 Parliamentarian, Bill Clerk, Legislative Clerk,

12 Journal Clerk, Executive Clerk, Enrolling Clerk,

13 Official Reporters of Debate, Daily Digest,

14 Printing Services, Captioning Services, and Sen15 ate Chief Counsel for Employment;

16 (D) the Office of the Speaker of the House

17 of Representatives, the Office of the Majority

18 Leader of the House of Representatives, the Office

19 of the Minority Leader of the House of Rep20 resentatives, the Offices of the Chief Deputy Ma21 jority Whips, the Offices of the Chief Deputy Mi22 nority Whips and the following offices within the

23 Office of the Clerk of the House of Representa24 tives: Offices of Legislative Operations, Official

25 Reporters of Debate, Official Reporters to Com-
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1 mittees, Printing Services, and Legislative Infor2 mation;

3 (E) the Office of the Legislative Counsel of

4 the Senate, the Office of the Senate Legal Coun5 sel, the Office of the Legislative Counsel of the

6 House of Representatives, the Office of the Gen7 eral Counsel of the House of Representatives, the

8 Office of the Parliamentarian of the House of

9 Representatives, and the Office of the Law Revi10 sion Counsel;

11 (F) the offices of any caucus or party orga12 nization;

13 (G) the Congressional Budget Office, the Of14 fice of Technology Assessment, and the Office of

15 Compliance; and

16 (H) such other offices that perform com17 parable functions which are identified under reg18 ulations of the Board.

19 (f) EFFECTIVE DATE.—

20 (1) IN GENERAL.—Except as provided in para21 graph (2), subsections (a) and (b) shall be effective on

22 October 1, 1996.

23 (2) CERTAIN OFFICES.—With respect to the of24 fices listed in subsection (e)(2), to the covered employ25 ees of such offices, and to representatives of such em-
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1 ployees, subsections (a) and (b) shall be effective on

2 the effective date of regulations under subsection (e).

3 PART E—GENERAL

4 SEC. 225. GENERALLY APPLICABLE REMEDIES AND LIMITA5 TIONS.

6 (a) ATTORNEY’S FEES.—If a covered employee, with

7 respect to any claim under this Act, or a qualified person

8 with a disability, with respect to any claim under section

9 210, is a prevailing party in any proceeding under section

10 405, 406, 407, or 408, the hearing officer, Board, or court,

11 as the case may be, may award attorney’s fees, expert fees,

12 and any other costs as would be appropriate if awarded

13 under section 706(k) of the Civil Rights Act of 1964 (42

14 U.S.C. 2000e–5(k)).

15 (b) INTEREST.—In any proceeding under section 405,

16 406, 407, or 408, the same interest to compensate for delay

17 in payment shall be made available as would be appro18 priate if awarded under section 717(d) of the Civil Rights

19 Act of 1964 (42 U.S.C. 2000e–16(d)).

20 (c) CIVIL PENALTIES AND PUNITIVE DAMAGES.—No

21 civil penalty or punitive damages may be awarded with

22 respect to any claim under this Act.

23 (d) EXCLUSIVE PROCEDURE.—

24 (1) IN GENERAL.—Except as provided in para25 graph (2), no person may commence an administra-
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1 tive or judicial proceeding to seek a remedy for the

2 rights and protections afforded by this Act except as

3 provided in this Act.

4 (2) VETERANS.—A covered employee under sec5 tion 206 may also utilize any provisions of chapter

6 43 of title 38, United States Code, that are applicable

7 to that employee.

8 (e) SCOPE OF REMEDY.—Only a covered employee who

9 has undertaken and completed the procedures described in

10 sections 402 and 403 may be granted a remedy under part

11 A of this title.

12 (f) CONSTRUCTION.—

13 (1) DEFINITIONS AND EXEMPTIONS.—Except

14 where inconsistent with definitions and exemptions

15 provided in this Act, the definitions and exemptions

16 in the laws made applicable by this Act shall apply

17 under this Act.

18 (2) SIZE LIMITATIONS.—Notwithstanding para19 graph (1), provisions in the laws made applicable

20 under this Act (other than the Worker Adjustment

21 and Retraining Notification Act) determining cov22 erage based on size, whether expressed in terms of

23 numbers of employees, amount of business transacted,

24 or other measure, shall not apply in determining cov25 erage under this Act.
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1 (3) EXECUTIVE BRANCH ENFORCEMENT.—This

2 Act shall not be construed to authorize enforcement by

3 the executive branch of this Act.

4 PART F—STUDY

5 SEC. 230. STUDY AND RECOMMENDATIONS REGARDING

6 GENERAL ACCOUNTING OFFICE, GOVERN7 MENT PRINTING OFFICE, AND LIBRARY OF

8 CONGRESS.

9 (a) IN GENERAL.—The Administrative Conference of

10 the United States shall undertake a study of—

11 (1) the application of the laws listed in sub12 section (b) to—

13 (A) the General Accounting Office;

14 (B) the Government Printing Office; and

15 (C) the Library of Congress; and

16 (2) the regulations and procedures used by the

17 entities referred to in paragraph (1) to apply and en18 force such laws to themselves and their employees.

19 (b) APPLICABLE STATUTES.—The study under this

20 section shall consider the application of the following laws:

21 (1) Title VII of the Civil Rights Act of 1964 (42

22 U.S.C. 2000e et seq.), and related provisions of section

23 2302 of title 5, United States Code.
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1 (2) The Age Discrimination in Employment Act

2 of 1967 (29 U.S.C. 621 et seq.), and related provi3 sions of section 2302 of title 5, United States Code.

4 (3) The Americans with Disabilities Act of 1990

5 (42 U.S.C. 12101 et seq.), and related provisions of

6 section 2302 of title 5, United States Code.

7 (4) The Family and Medical Leave Act of 1993

8 (29 U.S.C. 2611 et seq.), and related provisions of sec9 tions 6381 through 6387 of title 5, United States

10 Code.

11 (5) The Fair Labor Standards Act of 1938 (29

12 U.S.C. 201 et seq.), and related provisions of sections

13 5541 through 5550a of title 5, United States Code.

14 (6) The Occupational Safety and Health Act of

15 1970 (29 U.S.C. 651 et seq.), and related provisions

16 of section 7902 of title 5, United States Code.

17 (7) The Rehabilitation Act of 1973 (29 U.S.C.

18 701 et seq.).

19 (8) Chapter 71 (relating to Federal service labor20 management relations) of title 5, United States Code.

21 (9) The General Accounting Office Personnel Act

22 of 1980 (31 U.S.C. 731 et seq.).

23 (10) The Employee Polygraph Protection Act of

24 1988 (29 U.S.C. 2001 et seq.).
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1 (11) The Worker Adjustment and Retraining No2 tification Act (29 U.S.C. 2101 et seq.).

3 (12) Chapter 43 (relating to veterans’ employ4 ment and reemployment) of title 38, United States

5 Code.

6 (c) CONTENTS OF STUDY AND RECOMMENDATIONS.—

7 The study under this section shall evaluate whether the

8 rights, protections, and procedures, including administra9 tive and judicial relief, applicable to the entities listed in

10 paragraph (1) of subsection (a) and their employees are

11 comprehensive and effective and shall include

12 recommendations for any improvements in regulations or

13 legislation, including proposed regulatory or legislative

14 language.

15 (d) DEADLINE AND DELIVERY OF STUDY.—Not later

16 than December 31, 1996—

17 (1) the Administrative Conference of the United

18 States shall prepare and complete the study and rec19 ommendations required under this section and shall

20 submit the study and recommendations to the Board;

21 and

22 (2) the Board shall transmit such study and rec23 ommendations (with the Board’s comments) to the

24 head of each entity considered in the study, and to the

25 Congress by delivery to the Speaker of the House of
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1 Representatives and President pro tempore of the

2 Senate for referral to the appropriate committees of

3 the House of Representatives and of the Senate.

4 TITLE III—OFFICE OF

5 COMPLIANCE

6 SEC. 301. ESTABLISHMENT OF OFFICE OF COMPLIANCE.

7 (a) ESTABLISHMENT.—There is established, as an

8 independent office within the legislative branch of the Fed9 eral Government, the Office of Compliance.

10 (b) BOARD OF DIRECTORS.—The Office shall have a

11 Board of Directors. The Board shall consist of 5 individuals

12 appointed jointly by the Speaker of the House of Represent13 atives, the Majority Leader of the Senate, and the Minority

14 Leaders of the House of Representatives and the Senate. Ap15 pointments of the first 5 members of the Board shall be com16 pleted not later than 90 days after the date of the enactment

17 of this Act.

18 (c) CHAIR.—The Chair shall be appointed from mem19 bers of the Board jointly by the Speaker of the House of

20 Representatives, the Majority Leader of the Senate, and the

21 Minority Leaders of the House of Representatives and the

22 Senate.

23 (d) BOARD OF DIRECTORS QUALIFICATIONS.—

24 (1) SPECIFIC QUALIFICATIONS.—Selection and

25 appointment of members of the Board shall be with-
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1 out regard to political affiliation and solely on the

2 basis of fitness to perform the duties of the Office.

3 Members of the Board shall have training or experi4 ence in the application of the rights, protections, and

5 remedies under one or more of the laws made applica6 ble under section 102.

7 (2) DISQUALIFICATIONS FOR APPOINTMENTS.—

8 (A) LOBBYING.—No individual who engages

9 in, or is otherwise employed in, lobbying of the

10 Congress and who is required under the Federal

11 Regulation of Lobbying Act to register with the

12 Clerk of the House of Representatives or the Sec13 retary of the Senate shall be eligible for appoint14 ment to, or service on, the Board.

15 (B) INCOMPATIBLE OFFICE.—No member of

16 the Board appointed under subsection (b) may

17 hold or may have held the position of Member of

18 the House of Representatives or Senator, may

19 hold the position of officer or employee of the

20 House of Representatives, Senate, or instrumen21 tality or other entity of the legislative branch, or

22 may have held such a position (other than the

23 position of an officer or employee of the General

24 Accounting Office Personnel Appeals Board, an

25 officer or employee of the Office of Fair Employ-
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1 ment Practices of the House of Representatives,

2 or officer or employee of the Office of Senate

3 Fair Employment Practices) within 4 years of

4 the date of appointment.

5 (3) VACANCIES.—A vacancy on the Board shall

6 be filled in the manner in which the original appoint7 ment was made.

8 (e) TERM OF OFFICE.—

9 (1) IN GENERAL.—Except as provided in para10 graph (2), membership on the Board shall be for 5

11 years. A member of the Board who is appointed to a

12 term of office of more than 3 years shall only be eligi13 ble for appointment for a single term of office.

14 (2) FIRST APPOINTMENTS.—Of the members first

15 appointed to the Board—

16 (A) 1 shall have a term of office of 3 years,

17 (B) 2 shall have a term of office of 4 years,

18 and

19 (C) 2 shall have a term of office of 5 years,

20 1 of whom shall be the Chair,

21 as designated at the time of appointment by the per22 sons specified in subsection (b).

23 (f) REMOVAL.—

24 (1) AUTHORITY.—Any member of the Board may

25 be removed from office by a majority decision of the
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1 appointing authorities described in subsection (b), but

2 only for—

3 (A) disability that substantially prevents

4 the member from carrying out the duties of the

5 member,

6 (B) incompetence,

7 (C) neglect of duty,

8 (D) malfeasance, including a felony or con9 duct involving moral turpitude, or

10 (E) holding an office or employment or en11 gaging in an activity that disqualifies the indi12 vidual from service as a member of the Board

13 under subsection (d)(2).

14 (2) STATEMENT OF REASONS FOR REMOVAL.—In

15 removing a member of the Board, the Speaker of the

16 House of Representatives and the President pro tem17 pore of the Senate shall state in writing to the mem18 ber of the Board being removed the specific reasons for

19 the removal.

20 (g) COMPENSATION.—

21 (1) PER DIEM.—Each member of the Board shall

22 be compensated at a rate equal to the daily equivalent

23 of the annual rate of basic pay prescribed for level V

24 of the Executive Schedule under section 5316 of title

25 5, United States Code, for each day (including travel
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1 time) during which such member is engaged in the

2 performance of the duties of the Board. The rate of

3 pay of a member may be prorated based on the por4 tion of the day during which the member is engaged

5 in the performance of Board duties.

6 (2) TRAVEL EXPENSES.—Each member of the

7 Board shall receive travel expenses, including per

8 diem in lieu of subsistence, at rates authorized for

9 employees of agencies under subchapter I of chapter

10 57 of title 5, United States Code, for each day the

11 member is engaged in the performance of duties away

12 from the home or regular place of business of the

13 member.

14 (h) DUTIES.—The Office shall—

15 (1) carry out a program of education for Mem16 bers of Congress and other employing authorities of

17 the legislative branch of the Federal Government re18 specting the laws made applicable to them and a pro19 gram to inform individuals of their rights under laws

20 applicable to the legislative branch of the Federal

21 Government;

22 (2) in carrying out the program under para23 graph (1), distribute the telephone number and ad24 dress of the Office, procedures for action under title

25 IV, and any other information appropriate for dis-
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1 tribution, distribute such information to employing

2 offices in a manner suitable for posting, provide such

3 information to new employees of employing offices,

4 distribute such information to the residences of cov5 ered employees, and conduct seminars and other ac6 tivities designed to educate employing offices and cov7 ered employees; and

8 (3) compile and publish statistics on the use of

9 the Office by covered employees, including the number

10 and type of contacts made with the Office, on the rea11 son for such contacts, on the number of covered em12 ployees who initiated proceedings with the Office

13 under this Act and the result of such proceedings, and

14 on the number of covered employees who filed a com15 plaint, the basis for the complaint, and the action

16 taken on the complaint.

17 (i) CONGRESSIONAL OVERSIGHT.—The Board and the

18 Office shall be subject to oversight (except with respect to

19 the disposition of individual cases) by the Committee on

20 Rules and Administration and the Committee on Govern21 mental Affairs of the Senate and the Committee on House

22 Oversight of the House of Representatives.

23 (j) OPENING OF OFFICE.—The Office shall be open for

24 business, including receipt of requests for counseling under
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1 section 402, not later than 1 year after the date of the enact2 ment of this Act.

3 (k) FINANCIAL DISCLOSURE REPORTS.—Members of

4 the Board and officers and employees of the Office shall file

5 the financial disclosure reports required under title I of the

6 Ethics in Government Act of 1978 with the Clerk of the

7 House of Representatives.

8 SEC. 302. OFFICERS, STAFF, AND OTHER PERSONNEL.

9 (a) EXECUTIVE DIRECTOR.—

10 (1) APPOINTMENT AND REMOVAL.—

11 (A) IN GENERAL.—The Chair, subject to the

12 approval of the Board, shall appoint and may

13 remove an Executive Director. Selection and ap14 pointment of the Executive Director shall be

15 without regard to political affiliation and solely

16 on the basis of fitness to perform the duties of the

17 Office. The first Executive Director shall be ap18 pointed no later than 90 days after the initial

19 appointment of the Board of Directors.

20 (B) QUALIFICATIONS.—The Executive Di21 rector shall be an individual with training or ex22 pertise in the application of laws referred to in

23 section 102(a).
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1 (C) DISQUALIFICATIONS.—The disqualifica2 tions in section 301(d)(2) shall apply to the ap3 pointment of the Executive Director.

4 (2) COMPENSATION.—The Chair may fix the

5 compensation of the Executive Director. The rate of

6 pay for the Executive Director may not exceed the an7 nual rate of basic pay prescribed for level V of the Ex8 ecutive Schedule under section 5316 of title 5, United

9 States Code.

10 (3) TERM.—The term of office of the Executive

11 Director shall be a single term of 5 years, except that

12 the first Executive Director shall have a single term

13 of 7 years.

14 (4) DUTIES.—The Executive Director shall serve

15 as the chief operating officer of the Office. Except as

16 otherwise specified in this Act, the Executive Director

17 shall carry out all of the responsibilities of the Office

18 under this Act.

19 (b) DEPUTY EXECUTIVE DIRECTORS.—

20 (1) IN GENERAL.—The Chair, subject to the ap21 proval of the Board, shall appoint and may remove

22 a Deputy Executive Director for the Senate and a

23 Deputy Executive Director for the House of Rep24 resentatives. Selection and appointment of a Deputy

25 Executive Director shall be without regard to political
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1 affiliation and solely on the basis of fitness to perform

2 the duties of the office. The disqualifications in sec3 tion 301(d)(2) shall apply to the appointment of a

4 Deputy Executive Director.

5 (2) TERM.—The term of office of a Deputy Exec6 utive Director shall be a single term of 5 years, except

7 that the first Deputy Executive Directors shall have

8 a single term of 6 years.

9 (3) COMPENSATION.—The Chair may fix the

10 compensation of the Deputy Executive Directors. The

11 rate of pay for a Deputy Executive Director may not

12 exceed 96 percent of the annual rate of basic pay pre13 scribed for level V of the Executive Schedule under

14 section 5316 of title 5, United States Code.

15 (4) DUTIES.—The Deputy Executive Director for

16 the Senate shall recommend to the Board regulations

17 under section 304(a)(2)(B)(i), maintain the regula18 tions and all records pertaining to the regulations,

19 and shall assume such other responsibilities as may

20 be delegated by the Executive Director. The Deputy

21 Executive Director for the House of Representatives

22 shall recommend to the Board the regulations under

23 section 304(a)(2)(B)(ii), maintain the regulations

24 and all records pertaining to the regulations, and
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1 shall assume such other responsibilities as may be del2 egated by the Executive Director.

3 (c) GENERAL COUNSEL.—

4 (1) IN GENERAL.—The Chair, subject to the ap5 proval of the Board, shall appoint a General Counsel.

6 Selection and appointment of the General Counsel

7 shall be without regard to political affiliation and

8 solely on the basis of fitness to perform the duties of

9 the Office. The disqualifications in section 301(d)(2)

10 shall apply to the appointment of a General Counsel.

11 (2) COMPENSATION.—The Chair may fix the

12 compensation of the General Counsel. The rate of pay

13 for the General Counsel may not exceed the annual

14 rate of basic pay prescribed for level V of the Execu15 tive Schedule under section 5316 of title 5, United

16 States Code.

17 (3) DUTIES.—The General Counsel shall—

18 (A) exercise the authorities and perform the

19 duties of the General Counsel as specified in this

20 Act; and

21 (B) otherwise assist the Board and the Ex22 ecutive Director in carrying out their duties and

23 powers, including representing the Office in any

24 judicial proceeding under this Act.
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1 (4) ATTORNEYS IN THE OFFICE OF THE GEN2 ERAL COUNSEL.—The General Counsel shall appoint,

3 and fix the compensation of, and may remove, such

4 additional attorneys as may be necessary to enable

5 the General Counsel to perform the General Counsel’s

6 duties.

7 (5) TERM.—The term of office of the General

8 Counsel shall be a single term of 5 years.

9 (6) REMOVAL.—

10 (A) AUTHORITY.—The General Counsel

11 may be removed from office by the Chair but

12 only for—

13 (i) disability that substantially pre14 vents the General Counsel from carrying out

15 the duties of the General Counsel,

16 (ii) incompetence,

17 (iii) neglect of duty,

18 (iv) malfeasance, including a felony or

19 conduct involving moral turpitude, or

20 (v) holding an office or employment or

21 engaging in an activity that disqualifies the

22 individual from service as the General

23 Counsel under paragraph (1).

24 (B) STATEMENT OF REASONS FOR RE25 MOVAL.—In removing the General Counsel, the
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1 Speaker of the House of Representatives and the

2 President pro tempore of the Senate shall state

3 in writing to the General Counsel the specific

4 reasons for the removal.

5 (d) OTHER STAFF.—The Executive Director shall ap6 point, and fix the compensation of, and may remove, such

7 other additional staff, including hearing officers, but not

8 including attorneys employed in the office of the General

9 Counsel, as may be necessary to enable the Office to perform

10 its duties.

11 (e) DETAILED PERSONNEL.—The Executive Director

12 may, with the prior consent of the department or agency

13 of the Federal Government concerned, use on a reimbursable

14 or nonreimbursable basis the services of personnel of any

15 such department or agency, including the services of mem16 bers or personnel of the General Accounting Office Personnel

17 Appeals Board.

18 (f) CONSULTANTS.—In carrying out the functions of

19 the Office, the Executive Director may procure the tem20 porary (not to exceed 1 year) or intermittent services of con21 sultants.

22 SEC. 303. PROCEDURAL RULES.

23 (a) IN GENERAL.—The Executive Director shall, sub24 ject to the approval of the Board, adopt rules governing the

25 procedures of the Office, including the procedures of hearing
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1 officers, which shall be submitted for publication in the Con2 gressional Record. The rules may be amended in the same

3 manner.

4 (b) PROCEDURE.—The Executive Director shall adopt

5 rules referred to in subsection (a) in accordance with the

6 principles and procedures set forth in section 553 of title

7 5, United States Code. The Executive Director shall publish

8 a general notice of proposed rulemaking under section

9 553(b) of title 5, United States Code, but, instead of publi10 cation of a general notice of proposed rulemaking in the

11 Federal Register, the Executive Director shall transmit such

12 notice to the Speaker of the House of Representatives and

13 the President pro tempore of the Senate for publication in

14 the Congressional Record on the first day on which both

15 Houses are in session following such transmittal. Before

16 adopting rules, the Executive Director shall provide a com17 ment period of at least 30 days after publication of a gen18 eral notice of proposed rulemaking. Upon adopting rules,

19 the Executive Director shall transmit notice of such action

20 together with a copy of such rules to the Speaker of the

21 House of Representatives and the President pro tempore of

22 the Senate for publication in the Congressional Record on

23 the first day on which both Houses are in session following

24 such transmittal. Rules shall be considered issued by the
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1 Executive Director as of the date on which they are pub2 lished in the Congressional Record.

3 SEC. 304. SUBSTANTIVE REGULATIONS.

4 (a) REGULATIONS.—

5 (1) IN GENERAL.—The procedures applicable to

6 the regulations of the Board issued for the implemen7 tation of this Act, which shall include regulations the

8 Board is required to issue under title II (including

9 regulations on the appropriate application of exemp10 tions under the laws made applicable in title II) are

11 as prescribed in this section.

12 (2) RULEMAKING PROCEDURE.—Such regula13 tions of the Board—

14 (A) shall be adopted, approved, and issued

15 in accordance with subsection (b); and

16 (B) shall consist of 3 separate bodies of reg17 ulations, which shall apply, respectively, to—

18 (i) the Senate and employees of the

19 Senate;

20 (ii) the House of Representatives and

21 employees of the House of Representatives;

22 and

23 (iii) all other covered employees and

24 employing offices.
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1 (b) ADOPTION BY THE BOARD.—The Board shall adopt

2 the regulations referred to in subsection (a)(1) in accord3 ance with the principles and procedures set forth in section

4 553 of title 5, United States Code, and as provided in the

5 following provisions of this subsection:

6 (1) PROPOSAL.—The Board shall publish a gen7 eral notice of proposed rulemaking under section

8 553(b) of title 5, United States Code, but, instead of

9 publication of a general notice of proposed rule10 making in the Federal Register, the Board shall

11 transmit such notice to the Speaker of the House of

12 Representatives and the President pro tempore of the

13 Senate for publication in the Congressional Record on

14 the first day on which both Houses are in session fol15 lowing such transmittal. Such notice shall set forth

16 the recommendations of the Deputy Director for the

17 Senate in regard to regulations under subsection

18 (a)(2)(B)(i), the recommendations of the Deputy Di19 rector for the House of Representatives in regard to

20 regulations under subsection (a)(2)(B)(ii), and the

21 recommendations of the Executive Director for regula22 tions under subsection (a)(2)(B)(iii).

23 (2) COMMENT.—Before adopting regulations, the

24 Board shall provide a comment period of at least 30
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1 days after publication of a general notice of proposed

2 rulemaking.

3 (3) ADOPTION.—After considering comments, the

4 Board shall adopt regulations and shall transmit no5 tice of such action together with a copy of such regu6 lations to the Speaker of the House of Representatives

7 and the President pro tempore of the Senate for publi8 cation in the Congressional Record on the first day

9 on which both Houses are in session following such

10 transmittal.

11 (4) RECOMMENDATION AS TO METHOD OF AP12 PROVAL.—The Board shall include a recommendation

13 in the general notice of proposed rulemaking and in

14 the regulations as to whether the regulations should be

15 approved by resolution of the Senate, by resolution of

16 the House of Representatives, by concurrent resolu17 tion, or by joint resolution.

18 (c) APPROVAL OF REGULATIONS.—

19 (1) IN GENERAL.—Regulations referred to in

20 paragraph (2)(B)(i) of subsection (a) may be ap21 proved by the Senate by resolution or by the Congress

22 by concurrent resolution or by joint resolution. Regu23 lations referred to in paragraph (2)(B)(ii) of sub24 section (a) may be approved by the House of Rep25 resentatives by resolution or by the Congress by con-
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1 current resolution or by joint resolution. Regulations

2 referred to in paragraph (2)(B)(iii) may be approved

3 by Congress by concurrent resolution or by joint reso4 lution.

5 (2) REFERRAL.—Upon receipt of a notice of

6 adoption of regulations under subsection (b)(3), the

7 presiding officers of the House of Representatives and

8 the Senate shall refer such notice, together with a

9 copy of such regulations, to the appropriate commit10 tee or committees of the House of Representatives and

11 of the Senate. The purpose of the referral shall be to

12 consider whether such regulations should be approved,

13 and, if so, whether such approval should be by resolu14 tion of the House of Representatives or of the Senate,

15 by concurrent resolution or by joint resolution.

16 (3) JOINT REFERRAL AND DISCHARGE IN THE

17 SENATE.—The presiding officer of the Senate may

18 refer the notice of issuance of regulations, or any reso19 lution of approval of regulations, to one committee or

20 jointly to more than one committee. If a committee of

21 the Senate acts to report a jointly referred measure,

22 any other committee of the Senate must act within 30

23 calendar days of continuous session, or be automati24 cally discharged.
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1 (4) ONE-HOUSE RESOLUTION OR CONCURRENT

2 RESOLUTION.—In the case of a resolution of the

3 House of Representatives or the Senate or a concur4 rent resolution referred to in paragraph (1), the mat5 ter after the resolving clause shall be the following:

6 ‘‘The following regulations issued by the Office of

7 Compliance on ll are hereby approved:’’ (the blank

8 space being appropriately filled in, and the text of the

9 regulations being set forth).

10 (5) JOINT RESOLUTION.—In the case of a joint

11 resolution referred to in paragraph (1), the matter

12 after the resolving clause shall be the following: ‘‘The

13 following regulations issued by the Office of Compli14 ance on ll are hereby approved and shall have the

15 force and effect of law:’’ (the blank space being appro16 priately filled in, and the text of the regulations being

17 set forth).

18 (d) ISSUANCE AND EFFECTIVE DATE.—

19 (1) PUBLICATION.—After approval of regulations

20 under subsection (c), the Board shall submit the regu21 lations to the Speaker of the House of Representatives

22 and the President pro tempore of the Senate for publi23 cation in the Congressional Record on the first day

24 on which both Houses are in session following such

25 transmittal.
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1 (2) DATE OF ISSUANCE.—The date of issuance of

2 regulations shall be the date on which they are pub3 lished in the Congressional Record under paragraph

4 (1).

5 (3) EFFECTIVE DATE.—Regulations shall become

6 effective not less than 60 days after the regulations

7 are issued, except that the Board may provide for an

8 earlier effective date for good cause found (within the

9 meaning of section 553(d)(3) of title 5, United States

10 Code) and published with the regulation.

11 (e) AMENDMENT OF REGULATIONS.—Regulations may

12 be amended in the same manner as is described in this sec13 tion for the adoption, approval, and issuance of regulations,

14 except that the Board may, in its discretion, dispense with

15 publication of a general notice of proposed rulemaking of

16 minor, technical, or urgent amendments that satisfy the cri17 teria for dispensing with publication of such notice pursu18 ant to section 553(b)(B) of title 5, United States Code.

19 (f) RIGHT TO PETITION FOR RULEMAKING.—Any in20 terested party may petition to the Board for the issuance,

21 amendment, or repeal of a regulation.

22 (g) CONSULTATION.—The Executive Director, the Dep23 uty Directors, and the Board—

24 (1) shall consult, with regard to the development

25 of regulations, with—
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1 (A) the Chair of the Administrative Con2 ference of the United States;

3 (B) the Secretary of Labor;

4 (C) the Federal Labor Relations Authority;

5 and

6 (D) the Director of the Office of Personnel

7 Management; and

8 (2) may consult with any other persons with

9 whom consultation, in the opinion of the Board, the

10 Executive Director, or Deputy Directors, may be help11 ful.

12 SEC. 305. EXPENSES.

13 (a) AUTHORIZATION OF APPROPRIATIONS.—Begin14 ning in fiscal year 1995, and for each fiscal year thereafter,

15 there are authorized to be appropriated for the expenses of

16 the Office such sums as may be necessary to carry out the

17 functions of the Office. Until sums are first appropriated

18 pursuant to the preceding sentence, but for a period not

19 exceeding 12 months following the date of the enactment of

20 this Act—

21 (1) one-half of the expenses of the Office shall be

22 paid from funds appropriated for allowances and ex23 penses of the House of Representatives, and
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1 (2) one-half of the expenses of the Office shall be

2 paid from funds appropriated for allowances and ex3 penses of the Senate,

4 upon vouchers approved by the Executive Director, except

5 that a voucher shall not be required for the disbursement

6 of salaries of employees who are paid at an annual rate.

7 The Clerk of the House of Representatives and the Secretary

8 of the Senate are authorized to make arrangements for the

9 division of expenses under this subsection, including ar10 rangements for one House of Congress to reimburse the other

11 House of Congress.

12 (b) FINANCIAL AND ADMINISTRATIVE SERVICES.—The

13 Executive Director may place orders and enter into agree14 ments for goods and services with the head of any agency,

15 or major organizational unit within an agency, in the legis16 lative or executive branch of the United States in the same

17 manner and to the same extent as agencies are authorized

18 under sections 1535 and 1536 of title 31, United States

19 Code, to place orders and enter into agreements.

20 (c) WITNESS FEES AND ALLOWANCES.—Except for

21 covered employees, witnesses before a hearing officer or the

22 Board in any proceeding under this Act other than rule23 making shall be paid the same fee and mileage allowances

24 as are paid subpoenaed witnesses in the courts of the United

25 States. Covered employees who are summoned, or are as-
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1 signed by their employer, to testify in their official capacity

2 or to produce official records in any proceeding under this

3 Act shall be entitled to travel expenses under subchapter I

4 and section 5751 of chapter 57 of title 5, United States

5 Code.

6 TITLE IV—ADMINISTRATIVE AND

7 JUDICIAL DISPUTE-RESOLU8 TION PROCEDURES

9 SEC. 401. PROCEDURE FOR CONSIDERATION OF ALLEGED

10 VIOLATIONS.

11 Except as otherwise provided, the procedure for consid12 eration of alleged violations of part A of title II consists

13 of—

14 (1) counseling as provided in section 402;

15 (2) mediation as provided in section 403; and

16 (3) election, as provided in section 404, of ei17 ther—

18 (A) a formal complaint and hearing as pro19 vided in section 405, subject to Board review as

20 provided in section 406, and judicial review in

21 the United States Court of Appeals for the Fed22 eral Circuit as provided in section 407, or

23 (B) a civil action in a district court of the

24 United States as provided in section 408.
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1 In the case of an employee of the Office of the Architect

2 of the Capitol or of the Capitol Police, the Executive Direc3 tor, after receiving a request for counseling under section

4 402, may recommend that the employee use the grievance

5 procedures of the Architect of the Capitol or the Capitol Po6 lice for resolution of the employee’s grievance for a specific

7 period of time, which shall not count against the time avail8 able for counseling or mediation.

9 SEC. 402. COUNSELING.

10 (a) IN GENERAL.—To commence a proceeding, a cov11 ered employee alleging a violation of a law made applicable

12 under part A of title II shall request counseling by the Of13 fice. The Office shall provide the employee with all relevant

14 information with respect to the rights of the employee. A

15 request for counseling shall be made not later than 180 days

16 after the date of the alleged violation.

17 (b) PERIOD OF COUNSELING.—The period for counsel18 ing shall be 30 days unless the employee and the Office

19 agree to reduce the period. The period shall begin on the

20 date the request for counseling is received.

21 (c) NOTIFICATION OF END OF COUNSELING PERIOD.—

22 The Office shall notify the employee in writing when the

23 counseling period has ended.
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1 SEC. 403. MEDIATION.

2 (a) INITIATION.—Not later than 15 days after receipt

3 by the employee of notice of the end of the counseling period

4 under section 402, but prior to and as a condition of mak5 ing an election under section 404, the covered employee who

6 alleged a violation of a law shall file a request for mediation

7 with the Office.

8 (b) PROCESS.—Mediation under this section—

9 (1) may include the Office, the covered employee,

10 the employing office, and one or more individuals ap11 pointed by the Executive Director after considering

12 recommendations by organizations composed pri13 marily of individuals experienced in adjudicating or

14 arbitrating personnel matters, and

15 (2) shall involve meetings with the parties sepa16 rately or jointly for the purpose of resolving the dis17 pute between the covered employee and the employing

18 office.

19 (c) MEDIATION PERIOD.—The mediation period shall

20 be 30 days beginning on the date the request for mediation

21 is received. The mediation period may be extended for addi22 tional periods at the joint request of the covered employee

23 and the employing office. The Office shall notify in writing

24 the covered employee and the employing office when the me25 diation period has ended.
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1 (d) INDEPENDENCE OF MEDIATION PROCESS.—No in2 dividual, who is appointed by the Executive Director to me3 diate, may conduct or aid in a hearing conducted under

4 section 405 with respect to the same matter or shall be sub5 ject to subpoena or any other compulsory process with re6 spect to the same matter.

7 SEC. 404. ELECTION OF PROCEEDING.

8 Not later than 90 days after a covered employee re9 ceives notice of the end of the period of mediation, but no

10 sooner than 30 days after receipt of such notification, such

11 covered employee may either—

12 (1) file a complaint with the Office in accord13 ance with section 405, or

14 (2) file a civil action in accordance with section

15 408 in the United States district court for the district

16 in which the employee is employed or for the District

17 of Columbia.

18 SEC. 405. COMPLAINT AND HEARING.

19 (a) IN GENERAL.—A covered employee may, upon the

20 completion of mediation under section 403, file a complaint

21 with the Office. The respondent to the complaint shall be

22 the employing office—

23 (1) involved in the violation, or

24 (2) in which the violation is alleged to have oc25 curred,
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1 and about which mediation was conducted.

2 (b) DISMISSAL.—A hearing officer may dismiss any

3 claim that the hearing officer finds to be frivolous or that

4 fails to state a claim upon which relief may be granted.

5 (c) HEARING OFFICER.—

6 (1) APPOINTMENT.—Upon the filing of a com7 plaint, the Executive Director shall appoint an inde8 pendent hearing officer to consider the complaint and

9 render a decision. No Member of the House of Rep10 resentatives, Senator, officer of either the House of

11 Representatives or the Senate, head of an employing

12 office, member of the Board, or covered employee may

13 be appointed to be a hearing officer. The Executive

14 Director shall select hearing officers on a rotational

15 or random basis from the lists developed under para16 graph (2). Nothing in this section shall prevent the

17 appointment of hearing officers as full-time employees

18 of the Office or the selection of hearing officers on the

19 basis of specialized expertise needed for particular

20 matters.

21 (2) LISTS.—The Executive Director shall develop

22 master lists, composed of—

23 (A) members of the bar of a State or the

24 District of Columbia and retired judges of the

25 United States courts who are experienced in ad-
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1 judicating or arbitrating the kinds of personnel

2 and other matters for which hearings may be

3 held under this Act, and

4 (B) individuals expert in technical matters

5 relating to accessibility and usability by persons

6 with disabilities or technical matters relating to

7 occupational safety and health.

8 In developing lists, the Executive Director shall con9 sider candidates recommended by the Federal Medi10 ation and Conciliation Service or the Administrative

11 Conference of the United States.

12 (d) HEARING.—Unless a complaint is dismissed before

13 a hearing, a hearing shall be—

14 (1) conducted in closed session on the record by

15 the hearing officer;

16 (2) commenced no later than 60 days after filing

17 of the complaint under subsection (a), except that the

18 Office may, for good cause, extend up to an addi19 tional 30 days the time for commencing a hearing;

20 and

21 (3) conducted, except as specifically provided in

22 this Act and to the greatest extent practicable, in ac23 cordance with the principles and procedures set forth

24 in sections 554 through 557 of title 5, United States

25 Code.
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1 (e) DISCOVERY.—Reasonable prehearing discovery

2 may be permitted at the discretion of the hearing officer.

3 (f) SUBPOENAS.—

4 (1) IN GENERAL.—At the request of a party, a

5 hearing officer may issue subpoenas for the attend6 ance of witnesses and for the production of cor7 respondence, books, papers, documents, and other

8 records. The attendance of witnesses and the produc9 tion of records may be required from any place with10 in the United States. Subpoenas shall be served in the

11 manner provided under rule 45(b) of the Federal

12 Rules of Civil Procedure.

13 (2) OBJECTIONS.—If a person refuses, on the

14 basis of relevance, privilege, or other objection, to tes15 tify in response to a question or to produce records

16 in connection with a proceeding before a hearing offi17 cer, the hearing officer shall rule on the objection. At

18 the request of the witness or any party, the hearing

19 officer shall (or on the hearing officer’s own initiative,

20 the hearing officer may) refer the ruling to the Board

21 for review.

22 (3) ENFORCEMENT.—

23 (A) IN GENERAL.—If a person fails to com24 ply with a subpoena, the Board may authorize

25 the General Counsel to apply, in the name of the
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1 Office, to an appropriate United States district

2 court for an order requiring that person to ap3 pear before the hearing officer to give testimony

4 or produce records. The application may be

5 made within the judicial district where the hear6 ing is conducted or where that person is found,

7 resides, or transacts business. Any failure to obey

8 a lawful order of the district court issued pursu9 ant to this section may be held by such court to

10 be a civil contempt thereof.

11 (B) SERVICE OF PROCESS.—Process in an

12 action or contempt proceeding pursuant to sub13 paragraph (A) may be served in any judicial

14 district in which the person refusing or failing

15 to comply, or threatening to refuse or not to com16 ply, resides, transacts business, or may be found,

17 and subpoenas for witnesses who are required to

18 attend such proceedings may run into any other

19 district.

20 (g) DECISION.—The hearing officer shall issue a writ21 ten decision as expeditiously as possible, but in no case

22 more than 90 days after the conclusion of the hearing. The

23 written decision shall be transmitted by the Office to the

24 parties. The decision shall state the issues raised in the com25 plaint, describe the evidence in the record, contain findings
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1 of fact and conclusions of law, contain a determination of

2 whether a violation has occurred, and order such remedies

3 as are appropriate pursuant to title II. The decision shall

4 be entered in the records of the Office. If a decision is not

5 appealed under section 406 to the Board, the decision shall

6 be considered the final decision of the Office.

7 (h) PRECEDENTS.—A hearing officer who conducts a

8 hearing under this section shall be guided by judicial deci9 sions under the laws made applicable by section 102 and

10 by Board decisions under this Act.

11 SEC. 406. APPEAL TO THE BOARD.

12 (a) IN GENERAL.—Any party aggrieved by the deci13 sion of a hearing officer under section 405(g) may file a

14 petition for review by the Board not later than 30 days

15 after entry of the decision in the records of the Office.

16 (b) PARTIES’ OPPORTUNITY TO SUBMIT ARGUMENT.—

17 The parties to the hearing upon which the decision of the

18 hearing officer was made shall have a reasonable oppor19 tunity to be heard, through written submission and, in the

20 discretion of the Board, through oral argument.

21 (c) STANDARD OF REVIEW.—The Board shall set aside

22 a decision of a hearing officer if the Board determines that

23 the decision was—

24 (1) arbitrary, capricious, an abuse of discretion,

25 or otherwise not consistent with law;
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1 (2) not made consistent with required proce2 dures; or

3 (3) unsupported by substantial evidence.

4 (d) RECORD.—In making determinations under sub5 section (c), the Board shall review the whole record, or those

6 parts of it cited by a party, and due account shall be taken

7 of the rule of prejudicial error.

8 (e) DECISION.—The Board shall issue a written deci9 sion setting forth the reasons for its decision. The decision

10 may affirm, reverse, or remand to the hearing officer for

11 further proceedings. A decision that does not require further

12 proceedings before a hearing officer shall be entered in the

13 records of the Office as a final decision.

14 SEC. 407. JUDICIAL REVIEW OF BOARD DECISIONS AND EN15 FORCEMENT.

16 (a) JURISDICTION.—

17 (1) JUDICIAL REVIEW.—The United States Court

18 of Appeals for the Federal Circuit shall have jurisdic19 tion over any proceeding commenced by a petition

20 of—

21 (A) a party aggrieved by a final decision of

22 the Board under section 406(e) in cases arising

23 under part A of title II,
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1 (B) a charging individual or a respondent

2 before the Board who files a petition under sec3 tion 210(d)(4),

4 (C) the General Counsel or a respondent be5 fore the Board who files a petition under section

6 215(c)(5), or

7 (D) the General Counsel or a respondent be8 fore the Board who files a petition under section

9 220(c)(3).

10 The court of appeals shall have exclusive jurisdiction

11 to set aside, suspend (in whole or in part), to deter12 mine the validity of, or otherwise review the decision

13 of the Board.

14 (2) ENFORCEMENT.—The United States Court of

15 Appeals for the Federal Circuit shall have jurisdiction

16 over any petition of the General Counsel, filed in the

17 name of the Office and at the direction of the Board,

18 to enforce a final decision under section 405(g) or

19 406(e) with respect to a violation of part A, B, C, or

20 D of title II.

21 (b) PROCEDURES.—

22 (1) RESPONDENTS.—(A) In any proceeding com23 menced by a petition filed under subsection (a)(1) (A)

24 or (B), or filed by a party other than the General

25 Counsel under subsection (a)(1) (C) or (D), the Office
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1 shall be named respondent and any party before the

2 Board may be named respondent by filing a notice of

3 election with the court within 30 days after service of

4 the petition.

5 (B) In any proceeding commenced by a petition

6 filed by the General Counsel under subsection (a)(1)

7 (C) or (D), the prevailing party in the final decision

8 entered under section 406(e) shall be named respond9 ent, and any other party before the Board may be

10 named respondent by filing a notice of election with

11 the court within 30 days after service of the petition.

12 (C) In any proceeding commenced by a petition

13 filed under subsection (a)(2), the party under section

14 405 or 406 that the General Counsel determines has

15 failed to comply with a final decision under section

16 405(g) or 406(e) shall be named respondent.

17 (2) INTERVENTION.—Any party that partici18 pated in the proceedings before the Board under sec19 tion 406 and that was not made respondent under

20 paragraph (1) may intervene as of right.

21 (c) LAW APPLICABLE.—Chapter 158 of title 28, United

22 States Code, shall apply to judicial review under paragraph

23 (1) of subsection (a), except that—

24 (1) with respect to section 2344 of title 28, Unit25 ed States Code, service of a petition in any proceed-
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1 ing in which the Office is a respondent shall be on

2 the General Counsel rather than on the Attorney Gen3 eral;

4 (2) the provisions of section 2348 of title 28,

5 United States Code, on the authority of the Attorney

6 General, shall not apply;

7 (3) the petition for review shall be filed not later

8 than 90 days after the entry in the Office of a final

9 decision under section 406(e); and

10 (4) the Office shall be an ‘‘agency’’ as that term

11 is used in chapter 158 of title 28, United States Code.

12 (d) STANDARD OF REVIEW.—To the extent necessary

13 for decision in a proceeding commenced under subsection

14 (a)(1) and when presented, the court shall decide all rel15 evant questions of law and interpret constitutional and

16 statutory provisions. The court shall set aside a final deci17 sion of the Board if it is determined that the decision was—

18 (1) arbitrary, capricious, an abuse of discretion,

19 or otherwise not consistent with law;

20 (2) not made consistent with required proce21 dures; or

22 (3) unsupported by substantial evidence.

23 (e) RECORD.—In making determinations under sub24 section (d), the court shall review the whole record, or those
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1 parts of it cited by a party, and due account shall be taken

2 of the rule of prejudicial error.

3 SEC. 408. CIVIL ACTION.

4 (a) JURISDICTION.—The district courts of the United

5 States shall have jurisdiction over any civil action com6 menced under section 404 and this section by a covered em7 ployee who has completed counseling under section 402 and

8 mediation under section 403. A civil action may be com9 menced by a covered employee only to seek redress for a

10 violation for which the employee has completed counseling

11 and mediation.

12 (b) PARTIES.—The defendant shall be the employing

13 office alleged to have committed the violation, or in which

14 the violation is alleged to have occurred.

15 (c) JURY TRIAL.—Any party may demand a jury trial

16 where a jury trial would be available in an action against

17 a private defendant under the relevant law made applicable

18 by this Act. In any case in which a violation of section

19 201 is alleged, the court shall not inform the jury of the

20 maximum amount of compensatory damages available

21 under section 201(b)(1) or 201(b)(3).

22 SEC. 409. JUDICIAL REVIEW OF REGULATIONS.

23 In any proceeding brought under section 407 or 408

24 in which the application of a regulation issued under this

25 Act is at issue, the court may review the validity of the
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1 regulation in accordance with the provisions of subpara2 graphs (A) through (D) of section 706(2) of title 5, United

3 States Code, except that with respect to regulations ap4 proved by a joint resolution under section 304(c), only the

5 provisions of section 706(2)(B) of title 5, United States

6 Code, shall apply. If the court determines that the regula7 tion is invalid, the court shall apply, to the extent necessary

8 and appropriate, the most relevant substantive executive

9 agency regulation promulgated to implement the statutory

10 provisions with respect to which the invalid regulation was

11 issued. Except as provided in this section, the validity of

12 regulations issued under this Act is not subject to judicial

13 review.

14 SEC. 410. OTHER JUDICIAL REVIEW PROHIBITED.

15 Except as expressly authorized by sections 407, 408,

16 and 409, the compliance or noncompliance with the provi17 sions of this Act and any action taken pursuant to this

18 Act shall not be subject to judicial review.

19 SEC. 411. EFFECT OF FAILURE TO ISSUE REGULATIONS.

20 In any proceeding under section 405, 406, 407, or 408,

21 except a proceeding to enforce section 220 with respect to

22 offices listed under section 220(e)(2), if the Board has not

23 issued a regulation on a matter for which this Act requires

24 a regulation to be issued, the hearing officer, Board, or

25 court, as the case may be, shall apply, to the extent nec-
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1 essary and appropriate, the most relevant substantive exec2 utive agency regulation promulgated to implement the stat3 utory provision at issue in the proceeding.

4 SEC. 412. EXPEDITED REVIEW OF CERTAIN APPEALS.

5 (a) IN GENERAL.—An appeal may be taken directly

6 to the Supreme Court of the United States from any inter7 locutory or final judgment, decree, or order of a court upon

8 the constitutionality of any provision of this Act.

9 (b) JURISDICTION.—The Supreme Court shall, if it has

10 not previously ruled on the question, accept jurisdiction

11 over the appeal referred to in subsection (a), advance the

12 appeal on the docket, and expedite the appeal to the greatest

13 extent possible.

14 SEC. 413. PRIVILEGES AND IMMUNITIES.

15 The authorization to bring judicial proceedings under

16 sections 405(f)(3), 407, and 408 shall not constitute a waiv17 er of sovereign immunity for any other purpose, or of the

18 privileges of any Senator or Member of the House of Rep19 resentatives under article I, section 6, clause 1, of the Con20 stitution, or a waiver of any power of either the Senate

21 or the House of Representatives under the Constitution, in22 cluding under article I, section 5, clause 3, or under the

23 rules of either House relating to records and information

24 within its jurisdiction.
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1 SEC. 414. SETTLEMENT OF COMPLAINTS.

2 Any settlement entered into by the parties to a process

3 described in section 210, 215, 220, or 401 shall be in writ4 ing and not become effective unless it is approved by the

5 Executive Director. Nothing in this Act shall affect the

6 power of the Senate and the House of Representatives, re7 spectively, to establish rules governing the process by which

8 a settlement may be entered into by such House or by any

9 employing office of such House.

10 SEC. 415. PAYMENTS.

11 (a) AWARDS AND SETTLEMENTS.—Except as provided

12 in subsection (c), only funds which are appropriated to an

13 account of the Office in the Treasury of the United States

14 for the payment of awards and settlements may be used for

15 the payment of awards and settlements under this Act.

16 There are authorized to be appropriated for such account

17 such sums as may be necessary to pay such awards and

18 settlements. Funds in the account are not available for

19 awards and settlements involving the General Accounting

20 Office, the Government Printing Office, or the Library of

21 Congress.

22 (b) COMPLIANCE.—Except as provided in subsection

23 (c), there are authorized to be appropriated such sums as

24 may be necessary for administrative, personnel, and simi25 lar expenses of employing offices which are needed to com26 ply with this Act.
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1 (c) OSHA, ACCOMMODATION, AND ACCESS REQUIRE2 MENTS.—Funds to correct violations of section 201(a)(3),

3 210, or 215 of this Act may be paid only from funds appro4 priated to the employing office or entity responsible for cor5 recting such violations. There are authorized to be appro6 priated such sums as may be necessary for such funds.

7 SEC. 416. CONFIDENTIALITY.

8 (a) COUNSELING.—All counseling shall be strictly con9 fidential, except that the Office and a covered employee may

10 agree to notify the employing office of the allegations.

11 (b) MEDIATION.—All mediation shall be strictly con12 fidential.

13 (c) HEARINGS AND DELIBERATIONS.—Except as pro14 vided in subsections (d), (e), and (f), all proceedings and

15 deliberations of hearing officers and the Board, including

16 any related records, shall be confidential. This subsection

17 shall not apply to proceedings under section 215, but shall

18 apply to the deliberations of hearing officers and the Board

19 under that section.

20 (d) RELEASE OF RECORDS FOR JUDICIAL ACTION.—

21 The records of hearing officers and the Board may be made

22 public if required for the purpose of judicial review under

23 section 407.

24 (e) ACCESS BY COMMITTEES OF CONGRESS.—At the

25 discretion of the Executive Director, the Executive Director
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1 may provide to the Committee on Standards of Official

2 Conduct of the House of Representatives and the Select

3 Committee on Ethics of the Senate access to the records of

4 the hearings and decisions of the hearing officers and the

5 Board, including all written and oral testimony in the pos6 session of the Office. The Executive Director shall not pro7 vide such access until the Executive Director has consulted

8 with the individual filing the complaint at issue, and until

9 a final decision has been entered under section 405(g) or

10 406(e).

11 (f) FINAL DECISIONS.—A final decision entered under

12 section 405(g) or 406(e) shall be made public if it is in

13 favor of the complaining covered employee, or in favor of

14 the charging party under section 210, or if the decision re15 verses a decision of a hearing officer which had been in

16 favor of the covered employee or charging party. The Board

17 may make public any other decision at its discretion.

18 TITLE V—MISCELLANEOUS

19 PROVISIONS

20 SEC. 501. EXERCISE OF RULEMAKING POWERS.

21 The provisions of sections 102(b)(3) and 304(c) are en22 acted—

23 (1) as an exercise of the rulemaking power of the

24 House of Representatives and the Senate, respectively,

25 and as such they shall be considered as part of the
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1 rules of such House, respectively, and such rules shall

2 supersede other rules only to the extent that they are

3 inconsistent therewith; and

4 (2) with full recognition of the constitutional

5 right of either House to change such rules (so far as

6 relating to such House) at any time, in the same

7 manner, and to the same extent as in the case of any

8 other rule of each House.

9 SEC. 502. POLITICAL AFFILIATION AND PLACE OF RESI10 DENCE.

11 (a) IN GENERAL.—It shall not be a violation of any

12 provision of section 201 to consider the—

13 (1) party affiliation;

14 (2) domicile; or

15 (3) political compatibility with the employing

16 office;

17 of an employee referred to in subsection (b) with respect

18 to employment decisions.

19 (b) DEFINITION.—For purposes of subsection (a), the

20 term ‘‘employee’’ means—

21 (1) an employee on the staff of the leadership of

22 the House of Representatives or the leadership of the

23 Senate;

24 (2) an employee on the staff of a committee or

25 subcommittee of—
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1 (A) the House of Representatives;

2 (B) the Senate; or

3 (C) a joint committee of the Congress;

4 (3) an employee on the staff of a Member of the

5 House of Representatives or on the staff of a Senator;

6 (4) an officer of the House of Representatives or

7 the Senate or a congressional employee who is elected

8 by the House of Representatives or Senate or is ap9 pointed by a Member of the House of Representatives

10 or by a Senator (in addition an employee described

11 in paragraph (1), (2), or (3)); or

12 (5) an applicant for a position that is to be oc13 cupied by an individual described in any of para14 graphs (1) through (4).

15 SEC. 503. NONDISCRIMINATION RULES OF THE HOUSE AND

16 SENATE.

17 The Select Committee on Ethics of the Senate and the

18 Committee on Standards of Official Conduct of the House

19 of Representatives retain full power, in accordance with the

20 authority provided to them by the Senate and the House,

21 with respect to the discipline of Members, officers, and em22 ployees for violating rules of the Senate and the House on

23 nondiscrimination in employment.

24 SEC. 504. TECHNICAL AND CONFORMING AMENDMENTS.

25 (a) CIVIL RIGHTS REMEDIES.—
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1 (1) Sections 301 and 302 of the Government Em2 ployee Rights Act of 1991 (2 U.S.C. 1201 and 1202)

3 are amended to read as follows:

4 ‘‘SEC. 301. GOVERNMENT EMPLOYEE RIGHTS ACT OF 1991.

5 ‘‘(a) SHORT TITLE.—This title may be cited as the

6 ‘Government Employee Rights Act of 1991’.

7 ‘‘(b) PURPOSE.—The purpose of this title is to provide

8 procedures to protect the rights of certain government em9 ployees, with respect to their public employment, to be free

10 of discrimination on the basis of race, color, religion, sex,

11 national origin, age, or disability.

12 ‘‘(c) DEFINITION.—For purposes of this title, the term

13 ‘violation’ means a practice that violates section 302(a) of

14 this title.

15 ‘‘SEC. 302. DISCRIMINATORY PRACTICES PROHIBITED.

16 ‘‘(a) PRACTICES.—All personnel actions affecting the

17 Presidential appointees described in section 303 or the State

18 employees described in section 304 shall be made free from

19 any discrimination based on—

20 ‘‘(1) race, color, religion, sex, or national origin,

21 within the meaning of section 717 of the Civil Rights

22 Act of 1964 (42 U.S.C. 2000e–16);

23 ‘‘(2) age, within the meaning of section 15 of the

24 Age Discrimination in Employment Act of 1967 (29

25 U.S.C. 633a); or
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1 ‘‘(3) disability, within the meaning of section

2 501 of the Rehabilitation Act of 1973 (29 U.S.C. 791)

3 and sections 102 through 104 of the Americans with

4 Disabilities Act of 1990 (42 U.S.C. 12112–14).

5 ‘‘(b) REMEDIES.—The remedies referred to in sections

6 303(a)(1) and 304(a)—

7 ‘‘(1) may include, in the case of a determination

8 that a violation of subsection (a)(1) or (a)(3) has oc9 curred, such remedies as would be appropriate if

10 awarded under sections 706(g), 706(k), and 717(d) of

11 the Civil Rights Act of 1964 (42 U.S.C. 2000e–5(g),

12 2000e–5(k), 2000e–16(d)), and such compensatory

13 damages as would be appropriate if awarded under

14 section 1977 or sections 1977A(a) and 1977A(b)(2) of

15 the Revised Statutes (42 U.S.C. 1981 and 1981a(a)

16 and (b)(2));

17 ‘‘(2) may include, in the case of a determination

18 that a violation of subsection (a)(2) has occurred,

19 such remedies as would be appropriate if awarded

20 under section 15(c) of the Age Discrimination in Em21 ployment Act of 1967 (29 U.S.C. 633a(c)); and

22 ‘‘(3) may not include punitive damages.’’.

23 (2) Sections 303 through 319, and sections 322,

24 324, and 325 of the Government Employee Rights Act

25 of 1991 (2 U.S.C. 1203–1218, 1221, 1223, and 1224)
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1 are repealed, except as provided in section 506 of this

2 Act.

3 (3) Sections 320 and 321 of the Government Em4 ployee Rights Act of 1991 (2 U.S.C. 1219 and 1220)

5 are redesignated as sections 303 and 304, respectively.

6 (4) Sections 303 and 304 of the Government Em7 ployee Rights Act of 1991, as so redesignated, are

8 each amended by striking ‘‘and 307(h) of this title’’.

9 (5) Section 1205 of the Supplemental Appropria10 tions Act of 1993 (2 U.S.C. 1207a) is repealed, except

11 as provided in section 506 of this Act.

12 (b) FAMILY AND MEDICAL LEAVE ACT OF 1993.—Title

13 V of the Family and Medical Leave Act of 1993 (2 U.S.C.

14 60m et seq.) is repealed, except as provided in section 506

15 of this Act.

16 (c) ARCHITECT OF THE CAPITOL.—

17 (1) REPEAL.—Section 312(e) of the Architect of

18 the Capitol Human Resources Act (Public Law 103–

19 283; 108 Stat. 1444) is repealed, except as provided

20 in section 506 of this Act.

21 (2) APPLICATION OF GENERAL ACCOUNTING OF22 FICE PERSONNEL ACT OF 1980.—The provisions of sec23 tions 751, 753, and 755 of title 31, United States

24 Code, amended by section 312(e) of the Architect of

25 the Capitol Human Resources Act, shall be applied
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1 and administered as if such section 312(e) (and the

2 amendments made by such section) had not been

3 enacted.

4 SEC. 505. JUDICIAL BRANCH COVERAGE STUDY.

5 The Judicial Conference of the United States shall pre6 pare a report for submission by the Chief Justice of the

7 United States to the Congress on the application to the judi8 cial branch of the Federal Government of—

9 (1) the Fair Labor Standards Act of 1938 (29

10 U.S.C. 201 et seq.);

11 (2) title VII of the Civil Rights Act of 1964 (42

12 U.S.C. 2000e et seq.);

13 (3) the Americans with Disabilities Act of 1990

14 (42 U.S.C. 12101 et seq.);

15 (4) the Age Discrimination in Employment Act

16 of 1967 (29 U.S.C. 621 et seq.);

17 (5) the Family and Medical Leave Act of 1993

18 (29 U.S.C. 2611 et seq.);

19 (6) the Occupational Safety and Health Act of

20 1970 (29 U.S.C. 651 et seq.);

21 (7) chapter 71 (relating to Federal service labor22 management relations) of title 5, United States Code;

23 (8) the Employee Polygraph Protection Act of

24 1988 (29 U.S.C. 2001 et seq.);
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1 (9) the Worker Adjustment and Retraining Noti2 fication Act (29 U.S.C. 2101 et seq.);

3 (10) the Rehabilitation Act of 1973 (29 U.S.C.

4 701 et seq.); and

5 (11) chapter 43 (relating to veterans’ employ6 ment and reemployment) of title 38, United States

7 Code.

8 The report shall be submitted to Congress not later than

9 December 31, 1996, and shall include any recommendations

10 the Judicial Conference may have for legislation to provide

11 to employees of the judicial branch the rights, protections,

12 and procedures under the listed laws, including administra13 tive and judicial relief, that are comparable to those avail14 able to employees of the legislative branch under titles I

15 through IV of this Act.

16 SEC. 506. SAVINGS PROVISIONS.

17 (a) TRANSITION PROVISIONS FOR EMPLOYEES OF THE

18 HOUSE OF REPRESENTATIVES AND OF THE SENATE.—

19 (1) CLAIMS ARISING BEFORE EFFECTIVE

20 DATE.—If, as of the date on which section 201 takes

21 effect, an employee of the Senate or the House of Rep22 resentatives has or could have requested counseling

23 under section 305 of the Government Employees

24 Rights Act of 1991 (2 U.S.C. 1205) or Rule LI of the

25 House of Representatives, including counseling for al-
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1 leged violations of family and medical leave rights

2 under title V of the Family and Medical Leave Act

3 of 1993, the employee may complete, or initiate and

4 complete, all procedures under the Government Em5 ployees Rights Act of 1991 and Rule LI, and the pro6 visions of that Act and Rule shall remain in effect

7 with respect to, and provide the exclusive procedures

8 for, those claims until the completion of all such pro9 cedures.

10 (2) CLAIMS ARISING BETWEEN EFFECTIVE DATE

11 AND OPENING OF OFFICE.—If a claim by an employee

12 of the Senate or House of Representatives arises under

13 section 201 or 202 after the effective date of such sec14 tions, but before the opening of the Office for receipt

15 of requests for counseling or mediation under sections

16 402 and 403, the provisions of the Government Em17 ployees Rights Act of 1991 (2 U.S.C. 1201 et seq.)

18 and Rule LI of the House of Representatives relating

19 to counseling and mediation shall remain in effect,

20 and the employee may complete under that Act or

21 Rule the requirements for counseling and mediation

22 under sections 402 and 403. If, after counseling and

23 mediation is completed, the Office has not yet opened

24 for the filing of a timely complaint under section 405,

25 the employee may elect—
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1 (A) to file a complaint under section 307 of

2 the Government Employees Rights Act of 1991 (2

3 U.S.C. 1207) or Rule LI of the House of Rep4 resentatives, and thereafter proceed exclusively

5 under that Act or Rule, the provisions of which

6 shall remain in effect until the completion of all

7 proceedings in relation to the complaint, or

8 (B) to commence a civil action under sec9 tion 408.

10 (3) SECTION 1205 OF THE SUPPLEMENTAL AP11 PROPRIATIONS ACT OF 1993.—With respect to pay12 ments of awards and settlements relating to Senate

13 employees under paragraph (1) of this subsection, sec14 tion 1205 of the Supplemental Appropriations Act of

15 1993 (2 U.S.C. 1207a) remains in effect.

16 (b) TRANSITION PROVISIONS FOR EMPLOYEES OF THE

17 ARCHITECT OF THE CAPITOL.—–

18 (1) CLAIMS ARISING BEFORE EFFECTIVE

19 DATE.—If, as of the date on which section 201 takes

20 effect, an employee of the Architect of the Capitol has

21 or could have filed a charge or complaint regarding

22 an alleged violation of section 312(e)(2) of the Archi23 tect of the Capitol Human Resources Act (Public Law

24 103–283), the employee may complete, or initiate and

25 complete, all procedures under section 312(e) of that
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1 Act, the provisions of which shall remain in effect

2 with respect to, and provide the exclusive procedures

3 for, that claim until the completion of all such proce4 dures.

5 (2) CLAIMS ARISING BETWEEN EFFECTIVE DATE

6 AND OPENING OF OFFICE.—If a claim by an employee

7 of the Architect of the Capitol arises under section

8 201 or 202 after the effective date of those provisions,

9 but before the opening of the Office for receipt of re10 quests for counseling or mediation under sections 402

11 and 403, the employee may satisfy the requirements

12 for counseling and mediation by exhausting the re13 quirements prescribed by the Architect of the Capitol

14 in accordance with section 312(e)(3) of the Architect

15 of the Capitol Human Resources Act (Public Law

16 103–283). If, after exhaustion of those requirements

17 the Office has not yet opened for the filing of a timely

18 complaint under section 405, the employee may

19 elect—

20 (A) to file a charge with the General Ac21 counting Office Personnel Appeals Board pursu22 ant to section 312(e)(3) of the Architect of the

23 Capitol Human Resources Act (Public Law 103–

24 283), and thereafter proceed exclusively under

25 section 312(e) of that Act, the provisions of
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1 which shall remain in effect until the completion

2 of all proceedings in relation to the charge, or

3 (B) to commence a civil action under sec4 tion 408.

5 (c) TRANSITION PROVISION RELATING TO MATTERS

6 OTHER THAN EMPLOYMENT UNDER SECTION 509 OF THE

7 AMERICANS WITH DISABILITIES ACT OF 1990.—With re8 spect to matters other than employment under section 509

9 of the Americans with Disabilities Act of 1990 (42 U.S.C.

10 12209), the rights, protections, remedies, and procedures of

11 section 509 of such Act shall remain in effect until section

12 210 of this Act takes effect with respect to each of the entities

13 covered by section 509 of such Act.

14 SEC. 507. USE OF FREQUENT FLYER MILES.

15 (a) LIMITATION ON THE USE OF TRAVEL AWARDS.—

16 Notwithstanding any other provision of law, or any rule,

17 regulation, or other authority, any travel award that ac18 crues by reason of official travel of a Member, officer, or

19 employee of the Senate shall be considered the property of

20 the office for which the travel was performed and may not

21 be converted to personal use.

22 (b) REGULATIONS.—The Committee on Rules and Ad23 ministration of the Senate shall have authority to prescribe

24 regulations to carry out this section.

25 (c) DEFINITIONS.—As used in this section—
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1 (1) the term ‘‘travel award’’ means any frequent

2 flyer, free, or discounted travel, or other travel benefit,

3 whether awarded by coupon, membership, or other4 wise; and

5 (2) the term ‘‘official travel’’ means travel en6 gaged in the course of official business of the Senate.

7 SEC. 508. SENSE OF SENATE REGARDING ADOPTION OF

8 SIMPLIFIED AND STREAMLINED ACQUISITION

9 PROCEDURES FOR SENATE ACQUISITIONS.

10 It is the sense of the Senate that the Committee on

11 Rules and Administration of the Senate should review the

12 rules applicable to purchases by Senate offices to determine

13 whether they are consistent with the acquisition simplifica14 tion and streamlining laws enacted in the Federal Acquisi15 tion Streamlining Act of 1994 (Public Law 103–355).

16 SEC. 509. SEVERABILITY.

17 If any provision of this Act or the application of such

18 provision to any person or circumstance is held to be in19 valid, the remainder of this Act and the application of the

20 provisions of the remainder to any person or circumstance

21 shall not be affected thereby.

Attest:

Secretary.
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104TH CONGRESS

1ST SESSION H. R. 1

AMENDMENT