PUBLIC LAW 104–1—JAN. 23, 1995 109 STAT. 3

Public Law 104–1

104th Congress

An Act

To make certain laws applicable to the legislative branch of the Federal Government.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

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

Accountability Act of 1995’’. (b) TABLE OF CONTENTS.—The table of contents for this Act

is as follows:

Sec. 1. Short title and table of contents.

TITLE I—GENERAL

Sec. 101. Definitions.

Sec. 102. Application of laws.

TITLE II—EXTENSION OF RIGHTS AND PROTECTIONS

PART A—EMPLOYMENT DISCRIMINATION, FAMILY AND MEDICAL LEAVE, FAIR LABOR

STANDARDS, EMPLOYEE POLYGRAPH PROTECTION, WORKER ADJUSTMENT AND RETRAINING, EMPLOYMENT AND REEMPLOYMENT OF VETERANS, AND INTIMIDATION

Sec. 201. Rights and protections under title VII of the Civil Rights Act of 1964, the

Age Discrimination in Employment Act of 1967, the Rehabilitation Act

of 1973, and title I of the Americans with Disabilities Act of 1990.

Sec. 202. Rights and protections under the Family and Medical Leave Act of 1993.

Sec. 203. Rights and protections under the Fair Labor Standards Act of 1938.

Sec. 204. Rights and protections under the Employee Polygraph Protection Act of

1988.

Sec. 205. Rights and protections under the Worker Adjustment and Retraining Notification Act.

Sec. 206. Rights and protections relating to veterans’ employment and reemployment.

Sec. 207. Prohibition of intimidation or reprisal.

PART B—PUBLIC SERVICES AND ACCOMMODATIONS UNDER THE AMERICANS WITH

DISABILITIES ACT OF 1990

Sec. 210. Rights and protections under the Americans with Disabilities Act of 1990

relating to public services and accommodations; procedures for remedy

of violations.

PART C—OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970

Sec. 215. Rights and protections under the Occupational Safety and Health Act of

1970; procedures for remedy of violations.

PART D—LABOR-MANAGEMENT RELATIONS

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

PART E—GENERAL

Sec. 225. Generally applicable remedies and limitations.

2 USC 1301 note.

Congressional

Accountability

Act of 1995.

Jan. 23, 1995

[S. 2]
109 STAT. 4 PUBLIC LAW 104–1—JAN. 23, 1995

PART F—STUDY

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

TITLE III—OFFICE OF COMPLIANCE

Sec. 301. Establishment of Office of Compliance. Sec. 302. Officers, staff, and other personnel. Sec. 303. Procedural rules.

Sec. 304. Substantive regulations. Sec. 305. Expenses.

TITLE IV—ADMINISTRATIVE AND JUDICIAL DISPUTE-RESOLUTION

PROCEDURES

Sec. 401. Procedure for consideration of alleged violations. Sec. 402. Counseling. Sec. 403. Mediation.

Sec. 404. Election of proceeding. Sec. 405. Complaint and hearing. Sec. 406. Appeal to the Board. Sec. 407. Judicial review of Board decisions and enforcement.

Sec. 408. Civil action.

Sec. 409. Judicial review of regulations. Sec. 410. Other judicial review prohibited. Sec. 411. Effect of failure to issue regulations. Sec. 412. Expedited review of certain appeals. Sec. 413. Privileges and immunities. Sec. 414. Settlement of complaints. Sec. 415. Payments. Sec. 416. Confidentiality.

TITLE V—MISCELLANEOUS PROVISIONS

Sec. 501. Exercise of rulemaking powers. Sec. 502. Political affiliation and place of residence. Sec. 503. Nondiscrimination rules of the House and Senate.

Sec. 504. Technical and conforming amendments. Sec. 505. Judicial branch coverage study. Sec. 506. Savings provisions. Sec. 507. Use of frequent flyer miles. Sec. 508. Sense of Senate regarding adoption of simplified and streamlined acquisition procedures for Senate acquisitions.

Sec. 509. Severability.

TITLE I—GENERAL

SEC. 101. DEFINITIONS.

Except as otherwise specifically provided in this Act, as used

in this Act:

(1) BOARD.—The term ‘‘Board’’ means the Board of Directors of the Office of Compliance.

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

of Directors of the Office of Compliance.

(3) COVERED EMPLOYEE.—The term ‘‘covered employee’’

means any employee of—

(A) the House of Representatives;

(B) the Senate;

(C) the Capitol Guide Service;

(D) the Capitol Police;

(E) the Congressional Budget Office;

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

(G) the Office of the Attending Physician;

(H) the Office of Compliance; or

(I) the Office of Technology Assessment.

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

for employment and a former employee.

2 USC 1301.
PUBLIC LAW 104–1—JAN. 23, 1995 109 STAT. 5

(5) EMPLOYEE OF THE OFFICE OF THE ARCHITECT OF THE

CAPITOL.—The term ‘‘employee of the Office of the Architect

of the Capitol’’ includes any employee of the Office of the

Architect of the Capitol, the Botanic Garden, or the Senate

Restaurants.

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

‘‘employee of the Capitol Police’’ includes any member or officer

of the Capitol Police.

(7) EMPLOYEE OF THE HOUSE OF REPRESENTATIVES.—The

term ‘‘employee of the House of Representatives’’ includes an

individual occupying a position the pay for which is disbursed

by the Clerk of the House of Representatives, or another official

designated by the House of Representatives, or any employment

position in an entity that is paid with funds derived from

the clerk-hire allowance of the House of Representatives but

not any such individual employed by any entity listed in subparagraphs (C) through (I) of paragraph (3).

(8) EMPLOYEE OF THE SENATE.—The term ‘‘employee of

the Senate’’ includes any employee whose pay is disbursed

by the Secretary of the Senate, but not any such individual

employed by any entity listed in subparagraphs (C) through

(I) of paragraph (3).

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

means—

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

Representatives or of a Senator;

(B) a committee of the House of Representatives or

the Senate or a joint committee;

(C) any other office headed by a person with the final

authority to appoint, hire, discharge, and set the terms,

conditions, or privileges of the employment of an employee

of the House of Representatives or the Senate; or

(D) the Capitol Guide Board, the Capitol Police Board,

the Congressional Budget Office, the Office of the Architect

of the Capitol, the Office of the Attending Physician, the

Office of Compliance, and the Office of Technology Assessment.

(10) EXECUTIVE DIRECTOR.—The term ‘‘Executive Director’’

means the Executive Director of the Office of Compliance.

(11) GENERAL COUNSEL.—The term ‘‘General Counsel’’

means the General Counsel of the Office of Compliance.

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

SEC. 102. APPLICATION OF LAWS.

(a) LAWS MADE APPLICABLE.—The following laws shall apply,

as prescribed by this Act, to the legislative branch of the Federal

Government:

(1) The Fair Labor Standards Act of 1938 (29 U.S.C. 201

et seq.).

(2) Title VII of the Civil Rights Act of 1964 (42 U.S.C.

2000e et seq.).

(3) The Americans with Disabilities Act of 1990 (42 U.S.C.

12101 et seq.).

(4) The Age Discrimination in Employment Act of 1967

(29 U.S.C. 621 et seq.).

2 USC 1302.
109 STAT. 6 PUBLIC LAW 104–1—JAN. 23, 1995

(5) The Family and Medical Leave Act of 1993 (29 U.S.C.

2611 et seq.).

(6) The Occupational Safety and Health Act of 1970 (29

U.S.C. 651 et seq.).

(7) Chapter 71 (relating to Federal service labor-management relations) of title 5, United States Code.

(8) The Employee Polygraph Protection Act of 1988 (29

U.S.C. 2001 et seq.).

(9) The Worker Adjustment and Retraining Notification

Act (29 U.S.C. 2101 et seq.).

(10) The Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.).

(11) Chapter 43 (relating to veterans’ employment and

reemployment) of title 38, United States Code.

(b) LAWS WHICH MAY BE MADE APPLICABLE.—

(1) IN GENERAL.—The Board shall review provisions of Federal law (including regulations) relating to (A) the terms and

conditions of employment (including hiring, promotion, demotion, termination, salary, wages, overtime compensation, benefits, work assignments or reassignments, grievance and disciplinary procedures, protection from discrimination in personnel

actions, occupational health and safety, and family and medical

and other leave) of employees, and (B) access to public services

and accommodations.

(2) BOARD REPORT.—Beginning on December 31, 1996, and

every 2 years thereafter, the Board shall report on (A) whether

or to what degree the provisions described in paragraph (1)

are applicable or inapplicable to the legislative branch, and

(B) with respect to provisions inapplicable to the legislative

branch, whether such provisions should be made applicable

to the legislative branch. The presiding officers of the House

of Representatives and the Senate shall cause each such report

to be printed in the Congressional Record and each such report

shall be referred to the committees of the House of Representatives and the Senate with jurisdiction.

(3) REPORTS OF CONGRESSIONAL COMMITTEES.—Each report

accompanying any bill or joint resolution relating to terms

and conditions of employment or access to public services or

accommodations reported by a committee of the House of Representatives or the Senate shall—

(A) describe the manner in which the provisions of

the bill or joint resolution apply to the legislative branch;

or

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

legislative branch, include a statement of the reasons the

provision does not apply.

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

for the Senate or the House of Representatives to consider

any such bill or joint resolution if the report of the committee

on such bill or joint resolution does not comply with the provisions of this paragraph. This paragraph may be waived in

either House by majority vote of that House.

Congressional

Record,

publication.
PUBLIC LAW 104–1—JAN. 23, 1995 109 STAT. 7

TITLE II—EXTENSION OF RIGHTS AND

PROTECTIONS

PART A—EMPLOYMENT DISCRIMINATION,

FAMILY AND MEDICAL LEAVE, FAIR LABOR

STANDARDS, EMPLOYEE POLYGRAPH PROTECTION, WORKER ADJUSTMENT AND RETRAINING, EMPLOYMENT AND REEMPLOYMENT OF VETERANS, AND INTIMIDATION

SEC. 201. RIGHTS AND PROTECTIONS UNDER TITLE VII OF THE CIVIL

RIGHTS ACT OF 1964, THE AGE DISCRIMINATION IN

EMPLOYMENT ACT OF 1967, THE REHABILITATION ACT

OF 1973, AND TITLE I OF THE AMERICANS WITH DISABILITIES ACT OF 1990.

(a) DISCRIMINATORY PRACTICES PROHIBITED.—All personnel

actions affecting covered employees shall be made free from any

discrimination based on—

(1) race, color, religion, sex, or national origin, within the meaning of section 703 of the Civil Rights Act of 1964 (42

U.S.C. 2000e–2);

(2) age, within the meaning of section 15 of the Age Discrimination in Employment Act of 1967 (29 U.S.C. 633a);

or

(3) disability, within the meaning of section 501 of the Rehabilitation Act of 1973 (29 U.S.C. 791) and sections 102

through 104 of the Americans with Disabilities Act of 1990

(42 U.S.C. 12112–12114).

(b) REMEDY.—

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

(a)(1) shall be—

(A) such remedy as would be appropriate if awarded

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

U.S.C. 2000e–5(g)); and

(B) such compensatory damages as would be appropriate if awarded under section 1977 of the Revised Statutes (42 U.S.C. 1981), or as would be appropriate if

awarded under sections 1977A(a)(1), 1977A(b)(2), and,

irrespective of the size of the employing office,

1977A(b)(3)(D) of the Revised Statutes (42 U.S.C.

1981a(a)(1), 1981a(b)(2), and 1981a(b)(3)(D)).

(2) AGE DISCRIMINATION.—The remedy for a violation of

subsection (a)(2) shall be—

(A) such remedy as would be appropriate if awarded

under section 15(c) of the Age Discrimination in Employment Act of 1967 (29 U.S.C. 633a(c)); and

(B) such liquidated damages as would be appropriate

if awarded under section 7(b) of such Act (29 U.S.C. 626(b)).

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

(29 U.S.C. 626(f)) shall apply to covered employees.

(3) DISABILITIES DISCRIMINATION.—The remedy for a violation of subsection (a)(3) shall be—

(A) such remedy as would be appropriate if awarded

under section 505(a)(1) of the Rehabilitation Act of 1973

2 USC 1311.
109 STAT. 8 PUBLIC LAW 104–1—JAN. 23, 1995

(29 U.S.C. 794a(a)(1)) or section 107(a) of the Americans

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

(B) such compensatory damages as would be appropriate if awarded under sections 1977A(a)(2), 1977A(a)(3),

1977A(b)(2), and, irrespective of the size of the employing

office, 1977A(b)(3)(D) of the Revised Statutes (42 U.S.C.

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

(c) APPLICATION TO GENERAL ACCOUNTING OFFICE, GOVERNMENT PRINTING OFFICE, AND LIBRARY OF CONGRESS.—

(1) SECTION 717 OF THE CIVIL RIGHTS ACT OF 1964.—Section

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

is amended by—

(A) striking ‘‘legislative and’’;

(B) striking ‘‘branches’’ and inserting ‘‘branch’’; and

(C) inserting ‘‘Government Printing Office, the General

Accounting Office, and the’’ after ‘‘and in the’’.

(2) SECTION 15 OF THE AGE DISCRIMINATION IN EMPLOYMENT

ACT OF 1967.—Section 15(a) of the Age Discrimination in

Employment Act of 1967 (29 U.S.C. 633a(a)) is amended by—

(A) striking ‘‘legislative and’’;

(B) striking ‘‘branches’’ and inserting ‘‘branch’’; and

(C) inserting ‘‘Government Printing Office, the General

Accounting Office, and the’’ after ‘‘and in the’’.

(3) SECTION 509 OF THE AMERICANS WITH DISABILITIES ACT

OF 1990.—Section 509 of the Americans with Disabilities Act

of 1990 (42 U.S.C. 12209) is amended—

(A) by striking subsections (a) and (b) of section 509;

(B) in subsection (c), by striking ‘‘(c) INSTRUMENTALITIES OF CONGRESS.—’’ and inserting ‘‘The General Accounting Office, the Government Printing Office, and the Library

of Congress shall be covered as follows:’’;

(C) by striking the second sentence of paragraph (2);

(D) in paragraph (4), by striking ‘‘the instrumentalities

of the Congress include’’ and inserting ‘‘the term

‘instrumentality of the Congress’ means’’, by striking ‘‘the

Architect of the Capitol, the Congressional Budget Office’’,

by inserting ‘‘and’’ before ‘‘the Library’’, and by striking

‘‘the Office of Technology Assessment, and the United

States Botanic Garden’’;

(E) by redesignating paragraph (5) as paragraph (7)

and by inserting after paragraph (4) the following new

paragraph:

‘‘(5) ENFORCEMENT OF EMPLOYMENT RIGHTS.—The remedies

and procedures set forth in section 717 of the Civil Rights

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

employee of an instrumentality of the Congress who alleges

a violation of the rights and protections under sections 102

through 104 of this Act that are made applicable by this section,

except that the authorities of the Equal Employment Opportunity Commission shall be exercised by the chief official of

the instrumentality of the Congress.’’; and

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

‘‘INSTRUMENTALITIES OF THE CONGRESS’’.

(d) EFFECTIVE DATE.—This section shall take effect 1 year

after the date of the enactment of this Act.
PUBLIC LAW 104–1—JAN. 23, 1995 109 STAT. 9

SEC. 202. RIGHTS AND PROTECTIONS UNDER THE FAMILY AND MEDICAL LEAVE ACT OF 1993.

(a) FAMILY AND MEDICAL LEAVE RIGHTS AND PROTECTIONS PRO- VIDED.—(1) IN GENERAL.—The rights and protections established by sections 101 through 105 of the Family and Medical Leave

Act of 1993 (29 U.S.C. 2611 through 2615) shall apply to

covered employees. (2) DEFINITION.—For purposes of the application described in paragraph (1)— (A) the term ‘‘employer’’ as used in the Family and Medical Leave Act of 1993 means any employing office,

and

(B) the term ‘‘eligible employee’’ as used in the Family and Medical Leave Act of 1993 means a covered employee

who has been employed in any employing office for 12

months and for at least 1,250 hours of employment during

the previous 12 months. (b) REMEDY.—The remedy for a violation of subsection (a) shall be such remedy, including liquidated damages, as would be appropriate if awarded under paragraph (1) of section 107(a) of the

Family and Medical Leave Act of 1993 (29 U.S.C. 2617(a)(1)). (c) APPLICATION TO GENERAL ACCOUNTING OFFICE AND LIBRARY

OF CONGRESS.—

(1) AMENDMENTS TO THE FAMILY AND MEDICAL LEAVE ACT

OF 1993.—

(A) COVERAGE.—Section 101(4)(A) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611(4)(A)) is amended by striking ‘‘and’’ at the end of clause (ii), by striking

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

and by adding after clause (iii) the following: ‘‘(iv) includes the General Accounting Office and

the Library of Congress.’’.

(B) ENFORCEMENT.—Section 107 of the Family and

Medical Leave Act of 1993 (29 U.S.C. 2617) is amended

by adding at the end the following:

‘‘(f) GENERAL ACCOUNTING OFFICE AND LIBRARY OF CONGRESS.—In the case of the General Accounting Office and the

Library of Congress, the authority of the Secretary of Labor under

this title shall be exercised respectively by the Comptroller General

of the United States and the Librarian of Congress.’’.

(2) CONFORMING AMENDMENT TO TITLE 5, UNITED STATES

CODE.—Section 6381(1)(A) of title 5, United States Code, is

amended by striking ‘‘and’’ after ‘‘District of Columbia’’ and

inserting before the semicolon the following: ‘‘, and any

employee of the General Accounting Office or the Library of

Congress’’.

(d) REGULATIONS.— (1) IN GENERAL.—The Board shall, pursuant to section 304,

issue regulations to implement the rights and protections under

this section.

(2) AGENCY REGULATIONS.—The regulations issued under paragraph (1) shall be the same as substantive regulations

promulgated by the Secretary of Labor to implement the statutory provisions referred to in subsection (a) except insofar as

the Board may determine, for good cause shown and stated

together with the regulation, that a modification of such regula2 USC 1312.
109 STAT. 10 PUBLIC LAW 104–1—JAN. 23, 1995

tions would be more effective for the implementation of the

rights and protections under this section.

(e) EFFECTIVE DATE.— (1) IN GENERAL.—Subsections (a) and (b) shall be effective

1 year after the date of the enactment of this Act. (2) GENERAL ACCOUNTING OFFICE AND LIBRARY OF CON- GRESS.—Subsection (c) shall be effective 1 year after trans- mission to the Congress of the study under section 230.

SEC. 203. RIGHTS AND PROTECTIONS UNDER THE FAIR LABOR STANDARDS ACT OF 1938.

(a) FAIR LABOR STANDARDS.— (1) IN GENERAL.—The rights and protections established by subsections (a)(1) and (d) of section 6, section 7, and section

12(c) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206

(a)(1) and (d), 207, 212(c)) shall apply to covered employees. (2) INTERNS.—For the purposes of this section, the term

‘‘covered employee’’ does not include an intern as defined in

regulations under subsection (c). (3) COMPENSATORY TIME.—Except as provided in regula- tions under subsection (c)(3), covered employees may not receive

compensatory time in lieu of overtime compensation.

(b) REMEDY.—The remedy for a violation of subsection (a) shall be such remedy, including liquidated damages, as would be appropriate if awarded under section 16(b) of the Fair Labor Standards

Act of 1938 (29 U.S.C. 216(b)).

(c) REGULATIONS TO IMPLEMENT SECTION.— (1) IN GENERAL.—The Board shall, pursuant to section 304,

issue regulations to implement this section. (2) AGENCY REGULATIONS.—Except as provided in para- graph (3), the regulations issued under paragraph (1) shall

be the same as substantive regulations promulgated by the

Secretary of Labor to implement the statutory provisions

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

determine, for good cause shown and stated together with the

regulation, that a modification of such regulations would be

more effective for the implementation of the rights and protections under this section.

(3) IRREGULAR WORK SCHEDULES.—The Board shall issue

regulations for covered employees whose work schedules

directly depend on the schedule of the House of Representatives

or the Senate that shall be comparable to the provisions in

the Fair Labor Standards Act of 1938 that apply to employees

who have irregular work schedules.

(d) APPLICATION TO THE GOVERNMENT PRINTING OFFICE.—Section 3(e)(2)(A) of the Fair Labor Standards Act of 1938 (29 U.S.C.

203(e)(2)(A)) is amended—

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

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

(3) by striking the semicolon at the end of clause (v) and

inserting ‘‘, or’’ and by adding after clause (v) the following:

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

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

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

SEC. 204. RIGHTS AND PROTECTIONS UNDER THE EMPLOYEE POLYGRAPH PROTECTION ACT OF 1988.

(a) POLYGRAPH PRACTICES PROHIBITED.—

2 USC 1314.

2 USC 1313.
PUBLIC LAW 104–1—JAN. 23, 1995 109 STAT. 11

(1) IN GENERAL.—No employing office, irrespective of

whether a covered employee works in that employing office,

may require a covered employee to take a lie detector test

where such a test would be prohibited if required by an

employer under paragraph (1), (2), or (3) of section 3 of the

Employee Polygraph Protection Act of 1988 (29 U.S.C. 2002

(1), (2), or (3)). In addition, the waiver provisions of section

6(d) of such Act (29 U.S.C. 2005(d)) shall apply to covered

employees.

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

‘‘covered employee’’ shall include employees of the General

Accounting Office and the Library of Congress and the term

‘‘employing office’’ shall include the General Accounting Office

and the Library of Congress.

(3) CAPITOL POLICE.—Nothing in this section shall preclude

the Capitol Police from using lie detector tests in accordance

with regulations under subsection (c).

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

be such remedy as would be appropriate if awarded under section

6(c)(1) of the Employee Polygraph Protection Act of 1988 (29 U.S.C.

2005(c)(1)).

(c) REGULATIONS TO IMPLEMENT SECTION.—

(1) IN GENERAL.—The Board shall, pursuant to section 304,

issue regulations to implement this section.

(2) AGENCY REGULATIONS.—The regulations issued under

paragraph (1) shall be the same as substantive regulations

promulgated by the Secretary of Labor to implement the statutory provisions referred to in subsections (a) and (b) except

insofar as the Board may determine, for good cause shown

and stated together with the regulation, that a modification

of such regulations would be more effective for the implementation of the rights and protections under this section.

(d) EFFECTIVE DATE.—

(1) IN GENERAL.—Except as provided in paragraph (2), subsections (a) and (b) shall be effective 1 year after the date

of the enactment of this Act.

(2) GENERAL ACCOUNTING OFFICE AND LIBRARY OF CONGRESS.—This section shall be effective with respect to the General Accounting Office and the Library of Congress 1 year

after transmission to the Congress of the study under section

230.

SEC. 205. RIGHTS AND PROTECTIONS UNDER THE WORKER ADJUSTMENT AND RETRAINING NOTIFICATION ACT.

(a) WORKER ADJUSTMENT AND RETRAINING NOTIFICATION

RIGHTS.—

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

a mass layoff ordered within the meaning of section 3 of the

Worker Adjustment and Retraining Notification Act (29 U.S.C.

2102) until the end of a 60-day period after the employing

office serves written notice of such prospective closing or layoff

to representatives of covered employees or, if there are no

representatives, to covered employees.

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

‘‘covered employee’’ shall include employees of the General

Accounting Office and the Library of Congress and the term

2 USC 1315.
109 STAT. 12 PUBLIC LAW 104–1—JAN. 23, 1995

‘‘employing office’’ shall include the General Accounting Office

and the Library of Congress.

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

be such remedy as would be appropriate if awarded under paragraphs (1), (2), and (4) of section 5(a) of the Worker Adjustment

and Retraining Notification Act (29 U.S.C. 2104(a) (1), (2), and

(4)).

(c) REGULATIONS TO IMPLEMENT SECTION.— (1) IN GENERAL.—The Board shall, pursuant to section 304,

issue regulations to implement this section. (2) AGENCY REGULATIONS.—The regulations issued under paragraph (1) shall be the same as substantive regulations

promulgated by the Secretary of Labor to implement the statutory provisions referred to in subsection (a) except insofar as

the Board may determine, for good cause shown and stated

together with the regulation, that a modification of such regulations would be more effective for the implementation of the

rights and protections under this section.

(d) EFFECTIVE DATE.—

(1) IN GENERAL.—Except as provided in paragraph (2), subsections (a) and (b) shall be effective 1 year after the date

of the enactment of this Act.

(2) GENERAL ACCOUNTING OFFICE AND LIBRARY OF CONGRESS.—This section shall be effective with respect to the General Accounting Office and the Library of Congress 1 year

after transmission to the Congress of the study under section

230.

SEC. 206. RIGHTS AND PROTECTIONS RELATING TO VETERANS’

EMPLOYMENT AND REEMPLOYMENT.

(a) EMPLOYMENT AND REEMPLOYMENT RIGHTS OF MEMBERS OF

THE UNIFORMED SERVICES.—

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

office to—

(A) discriminate, within the meaning of subsections

(a) and (b) of section 4311 of title 38, United States Code,

against an eligible employee;

(B) deny to an eligible employee reemployment rights

within the meaning of sections 4312 and 4313 of title

38, United States Code; or

(C) deny to an eligible employee benefits within the

meaning of sections 4316, 4317, and 4318 of title 38, United

States Code.

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

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

employee performing service in the uniformed services,

within the meaning of section 4303(13) of title 38, United

States Code, whose service has not been terminated upon

occurrence of any of the events enumerated in section

4304 of title 38, United States Code,

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

of the General Accounting Office and the Library of Congress, and

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

Accounting Office and the Library of Congress.

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

be such remedy as would be appropriate if awarded under para2 USC 1316.
PUBLIC LAW 104–1—JAN. 23, 1995 109 STAT. 13

graphs (1), (2)(A), and (3) of section 4323(c) of title 38, United

States Code.

(c) REGULATIONS TO IMPLEMENT SECTION.— (1) IN GENERAL.—The Board shall, pursuant to section 304,

issue regulations to implement this section. (2) AGENCY REGULATIONS.—The regulations issued under paragraph (1) shall be the same as substantive regulations

promulgated by the Secretary of Labor to implement the statutory provisions referred to in subsection (a) except to the extent

that the Board may determine, for good cause shown and

stated together with the regulation, that a modification of such

regulations would be more effective for the implementation

of the rights and protections under this section.

(d) EFFECTIVE DATE.—

(1) IN GENERAL.—Except as provided in paragraph (2), subsections (a) and (b) shall be effective 1 year after the date

of the enactment of this Act.

(2) GENERAL ACCOUNTING OFFICE AND LIBRARY OF CONGRESS.—This section shall be effective with respect to the General Accounting Office and the Library of Congress 1 year

after transmission to the Congress of the study under section

230.

SEC. 207. PROHIBITION OF INTIMIDATION OR REPRISAL.

(a) IN GENERAL.—It shall be unlawful for an employing office

to intimidate, take reprisal against, or otherwise discriminate

against, any covered employee because the covered employee has

opposed any practice made unlawful by this Act, or because the

covered employee has initiated proceedings, made a charge, or

testified, assisted, or participated in any manner in a hearing

or other proceeding under this Act.

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

(a) shall be such legal or equitable remedy as may be appropriate

to redress a violation of subsection (a).

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

SEC. 210. RIGHTS AND PROTECTIONS UNDER THE AMERICANS WITH

DISABILITIES ACT OF 1990 RELATING TO PUBLIC SERVICES AND ACCOMMODATIONS; PROCEDURES FOR REMEDY OF VIOLATIONS.

(a) ENTITIES SUBJECT TO THIS SECTION.—The requirements

of this section shall apply to—

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

Senator and each committee;

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

each office of a Member of the House of Representatives and

each committee;

(3) each joint committee of the Congress;

(4) the Capitol Guide Service;

(5) the Capitol Police;

(6) the Congressional Budget Office;

(7) the Office of the Architect of the Capitol (including

the Senate Restaurants and the Botanic Garden);

2 USC 1331.

2 USC 1317.
109 STAT. 14 PUBLIC LAW 104–1—JAN. 23, 1995

(8) the Office of the Attending Physician;

(9) the Office of Compliance; and

(10) the Office of Technology Assessment. (b) DISCRIMINATION IN PUBLIC SERVICES AND ACCOMMODA- TIONS.—(1) RIGHTS AND PROTECTIONS.—The rights and protections

against discrimination in the provision of public services and

accommodations established by sections 201 through 230, 302,

303, and 309 of the Americans with Disabilities Act of 1990

(42 U.S.C. 12131–12150, 12182, 12183, and 12189) shall apply

to the entities listed in subsection (a).

(2) DEFINITIONS.—For purposes of the application of title

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

12131 et seq.) under this section, the term ‘‘public entity’’

means any entity listed in subsection (a) that provides public

services, programs, or activities.

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

be such remedy as would be appropriate if awarded under section

203 or 308(a) of the Americans with Disabilities Act of 1990 (42

U.S.C. 12133, 12188(a)), except that, with respect to any claim

of employment discrimination asserted by any covered employee,

the exclusive remedy shall be under section 201 of this title.

(d) AVAILABLE PROCEDURES.—

(1) CHARGE FILED WITH GENERAL COUNSEL.—A qualified

individual with a disability, as defined in section 201(2) of

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

12131(2)), who alleges a violation of subsection (b) by an entity

listed in subsection (a), may file a charge against any entity

responsible for correcting the violation with the General Counsel within 180 days of the occurrence of the alleged violation.

The General Counsel shall investigate the charge.

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

(1), the General Counsel believes that a violation of subsection

(b) may have occurred and that mediation may be helpful

in resolving the dispute, the General Counsel may request,

but not participate in, mediation under subsections (b) through

(d) of section 403 between the charging individual and any

entity responsible for correcting the alleged violation.

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

under paragraph (2) has not succeeded in resolving the dispute,

and if the General Counsel believes that a violation of subsection (b) may have occurred, the General Counsel may file

with the Office a complaint against any entity responsible

for correcting the violation. The complaint shall be submitted

to a hearing officer for decision pursuant to subsections (b)

through (h) of section 405 and any person who has filed a

charge under paragraph (1) may intervene as of right, with

the full rights of a party. The decision of the hearing officer

shall be subject to review by the Board pursuant to section

406.

(4) JUDICIAL REVIEW.—A charging individual who has intervened under paragraph (3) or any respondent to the complaint,

if aggrieved by a final decision of the Board under paragraph

(3), may file a petition for review in the United States Court

of Appeals for the Federal Circuit, pursuant to section 407.

(5) COMPLIANCE DATE.—If new appropriated funds are necessary to comply with an order requiring correction of a viola-
PUBLIC LAW 104–1—JAN. 23, 1995 109 STAT. 15

tion of subsection (b), compliance shall take place as soon

as possible, but no later than the fiscal year following the

end of the fiscal year in which the order requiring correction

becomes final and not subject to further review.

(e) REGULATIONS TO IMPLEMENT SECTION.— (1) IN GENERAL.—The Board shall, pursuant to section 304,

issue regulations to implement this section. (2) AGENCY REGULATIONS.—The regulations issued under paragraph (1) shall be the same as substantive regulations

promulgated by the Attorney General and the Secretary of

Transportation to implement the statutory provisions referred

to in subsection (b) except to the extent that the Board may

determine, for good cause shown and stated together with the

regulation, that a modification of such regulations would be

more effective for the implementation of the rights and protections under this section.

(3) ENTITY RESPONSIBLE FOR CORRECTION.—The regulations

issued under paragraph (1) shall include a method of identifying, for purposes of this section and for categories of violations

of subsection (b), the entity responsible for correction of a

particular violation.

(f) PERIODIC INSPECTIONS; REPORT TO CONGRESS; INITIAL

STUDY.—

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

least once each Congress, the General Counsel shall inspect

the facilities of the entities listed in subsection (a) to ensure

compliance with subsection (b).

(2) REPORT.—On the basis of each periodic inspection, the

General Counsel shall, at least once every Congress, prepare

and submit a report—

(A) to the Speaker of the House of Representatives,

the President pro tempore of the Senate, and the Office

of the Architect of the Capitol, or other entity responsible,

for correcting the violation of this section uncovered by

such inspection, and

(B) containing the results of the periodic inspection,

describing any steps necessary to correct any violation of

this section, assessing any limitations in accessibility to

and usability by individuals with disabilities associated

with each violation, and the estimated cost and time needed

for abatement.

(3) INITIAL PERIOD FOR STUDY AND CORRECTIVE ACTION.—

The period from the date of the enactment of this Act until

December 31, 1996, shall be available to the Office of the

Architect of the Capitol and other entities subject to this section

to identify any violations of subsection (b), to determine the

costs of compliance, and to take any necessary corrective action

to abate any violations. The Office shall assist the Office of

the Architect of the Capitol and other entities listed in subsection (a) by arranging for inspections and other technical

assistance at their request. Prior to July 1, 1996, the General

Counsel shall conduct a thorough inspection under paragraph

(1) and shall submit the report under paragraph (2) for the

One Hundred Fourth Congress.

(4) DETAILED PERSONNEL.—The Attorney General, the Secretary of Transportation, and the Architectural and Transportation Barriers Compliance Board may, on request of the Execu-
109 STAT. 16 PUBLIC LAW 104–1—JAN. 23, 1995

tive Director, detail to the Office such personnel as may be

necessary to advise and assist the Office in carrying out its

duties under this section.

(g) APPLICATION OF AMERICANS WITH DISABILITIES ACT OF 1990

TO THE PROVISION OF PUBLIC SERVICES AND ACCOMMODATIONS BY

THE GENERAL ACCOUNTING OFFICE, THE GOVERNMENT PRINTING

OFFICE, AND THE LIBRARY OF CONGRESS.—Section 509 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12209)), as amended

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

new paragraph: ‘‘(6) ENFORCEMENT OF RIGHTS TO PUBLIC SERVICES AND

ACCOMMODATIONS.—The remedies and procedures set forth in

section 717 of the Civil Rights Act of 1964 (42 U.S.C. 2000e–

16) shall be available to any qualified person with a disability

who is a visitor, guest, or patron of an instrumentality of

Congress and who alleges a violation of the rights and protections under sections 201 through 230 or section 302 or 303

of this Act that are made applicable by this section, except

that the authorities of the Equal Employment Opportunity

Commission shall be exercised by the chief official of the

instrumentality of the Congress.’’.

(h) EFFECTIVE DATE.—

(1) IN GENERAL.—Subsections (b), (c), and (d) shall be effective on January 1, 1997.

(2) GENERAL ACCOUNTING OFFICE, GOVERNMENT PRINTING

OFFICE, AND LIBRARY OF CONGRESS.—Subsection (g) shall be

effective 1 year after transmission to the Congress of the study

under section 230.

PART C—OCCUPATIONAL SAFETY AND

HEALTH ACT OF 1970

SEC. 215. RIGHTS AND PROTECTIONS UNDER THE OCCUPATIONAL

SAFETY AND HEALTH ACT OF 1970; PROCEDURES FOR

REMEDY OF VIOLATIONS.

(a) OCCUPATIONAL SAFETY AND HEALTH PROTECTIONS.—

(1) IN GENERAL.—Each employing office and each covered

employee shall comply with the provisions of section 5 of the

Occupational Safety and Health Act of 1970 (29 U.S.C. 654).

(2) DEFINITIONS.—For purposes of the application under

this section of the Occupational Safety and Health Act of 1970—

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

an employing office;

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

a covered employee;

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

Accounting Office, the Library of Congress, and any entity

listed in subsection (a) of section 210 that is responsible

for correcting a violation of this section, irrespective of

whether the entity has an employment relationship with

any covered employee in any employing office in which

such a violation occurs; and

(D) the term ‘‘employee’’ includes employees of the

General Accounting Office and the Library of Congress.

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

be an order to correct the violation, including such order as would

2 USC 1341.
PUBLIC LAW 104–1—JAN. 23, 1995 109 STAT. 17

be appropriate if issued under section 13(a) of the Occupational

Safety and Health Act of 1970 (29 U.S.C. 662(a)). (c) PROCEDURES.— (1) REQUESTS FOR INSPECTIONS.—Upon written request of

any employing office or covered employee, the General Counsel

shall exercise the authorities granted to the Secretary of Labor

by subsections (a), (d), (e), and (f) of section 8 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 657 (a), (d),

(e), and (f)) to inspect and investigate places of employment

under the jurisdiction of employing offices. (2) CITATIONS, NOTICES, AND NOTIFICATIONS.—For purposes

of this section, the General Counsel shall exercise the authorities granted to the Secretary of Labor in sections 9 and 10

of the Occupational Safety and Health Act of 1970 (29 U.S.C.

658 and 659), to issue—

(A) a citation or notice to any employing office responsible for correcting a violation of subsection (a); or

(B) a notification to any employing office that the General Counsel believes has failed to correct a violation for

which a citation has been issued within the period permitted for its correction.

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

notification, the General Counsel determines that a violation

has not been corrected, the General Counsel may file a complaint with the Office against the employing office named in

the citation or notification. The complaint shall be submitted

to a hearing officer for decision pursuant to subsections (b)

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

pursuant to section 406.

(4) VARIANCE PROCEDURES.—An employing office may

request from the Board an order granting a variance from

a standard made applicable by this section. For the purposes

of this section, the Board shall exercise the authorities granted

to the Secretary of Labor in sections 6(b)(6) and 6(d) of the

Occupational Safety and Health Act of 1970 (29 U.S.C. 655(b)(6)

and 655(d)) to act on any employing office’s request for a

variance. The Board shall refer the matter to a hearing officer

pursuant to subsections (b) through (h) of section 405, subject

to review by the Board pursuant to section 406.

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

office aggrieved by a final decision of the Board under paragraph (3) or (4), may file a petition for review with the United

States Court of Appeals for the Federal Circuit pursuant to

section 407.

(6) COMPLIANCE DATE.—If new appropriated funds are necessary to correct a violation of subsection (a) for which a citation

is issued, or to comply with an order requiring correction of

such a violation, correction or compliance shall take place as

soon as possible, but not later than the end of the fiscal year

following the fiscal year in which the citation is issued or

the order requiring correction becomes final and not subject

to further review.

(d) REGULATIONS TO IMPLEMENT SECTION.—

(1) IN GENERAL.—The Board shall, pursuant to section 304,

issue regulations to implement this section.

(2) AGENCY REGULATIONS.—The regulations issued under

paragraph (1) shall be the same as substantive regulations
109 STAT. 18 PUBLIC LAW 104–1—JAN. 23, 1995

promulgated by the Secretary of Labor to implement the statutory provisions referred to in subsection (a) except to the extent

that the Board may determine, for good cause shown and

stated together with the regulation, that a modification of such

regulations would be more effective for the implementation

of the rights and protections under this section.

(3) EMPLOYING OFFICE RESPONSIBLE FOR CORRECTION.—The

regulations issued under paragraph (1) shall include a method

of identifying, for purposes of this section and for different

categories of violations of subsection (a), the employing office

responsible for correction of a particular violation.

(e) PERIODIC INSPECTIONS; REPORT TO CONGRESS.—

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

least once each Congress, the General Counsel, exercising the

same authorities of the Secretary of Labor as under subsection

(c)(1), shall conduct periodic inspections of all facilities of the

House of Representatives, the Senate, the Capitol Guide Service, the Capitol Police, the Congressional Budget Office, the

Office of the Architect of the Capitol, the Office of the Attending

Physician, the Office of Compliance, the Office of Technology

Assessment, the Library of Congress, and the General Accounting Office to report on compliance with subsection (a).

(2) REPORT.—On the basis of each periodic inspection, the

General Counsel shall prepare and submit a report—

(A) to the Speaker of the House of Representatives,

the President pro tempore of the Senate, and the Office

of the Architect of the Capitol or other employing office

responsible for correcting the violation of this section uncovered by such inspection, and

(B) containing the results of the periodic inspection,

identifying the employing office responsible for correcting

the violation of this section uncovered by such inspection,

describing any steps necessary to correct any violation of

this section, and assessing any risks to employee health

and safety associated with any violation.

(3) ACTION AFTER REPORT.—If a report identifies any violation of this section, the General Counsel shall issue a citation

or notice in accordance with subsection (c)(2)(A).

(4) DETAILED PERSONNEL.—The Secretary of Labor may,

on request of the Executive Director, detail to the Office such

personnel as may be necessary to advise and assist the Office

in carrying out its duties under this section.

(f) INITIAL PERIOD FOR STUDY AND CORRECTIVE ACTION.—The

period from the date of the enactment of this Act until December

31, 1996, shall be available to the Office of the Architect of the

Capitol and other employing offices to identify any violations of

subsection (a), to determine the costs of compliance, and to take

any necessary corrective action to abate any violations. The Office

shall assist the Office of the Architect of the Capitol and other

employing offices by arranging for inspections and other technical

assistance at their request. Prior to July 1, 1996, the General

Counsel shall conduct a thorough inspection under subsection (e)(1)

and shall submit the report under subsection (e)(2) for the One

Hundred Fourth Congress.

(g) EFFECTIVE DATE.—
PUBLIC LAW 104–1—JAN. 23, 1995 109 STAT. 19

(1) IN GENERAL.—Except as provided in paragraph (2), sub- sections (a), (b), (c), and (e)(3) shall be effective on January

1, 1997.

(2) GENERAL ACCOUNTING OFFICE AND LIBRARY OF CON- GRESS.—This section shall be effective with respect to the General Accounting Office and the Library of Congress 1 year

after transmission to the Congress of the study under section

230.

PART D—LABOR-MANAGEMENT RELATIONS

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

CODE, RELATING TO FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS; PROCEDURES FOR REMEDY OF VIOLATIONS.

(a) LABOR-MANAGEMENT RIGHTS.— (1) IN GENERAL.—The rights, protections, and responsibilities established under sections 7102, 7106, 7111 through 7117,

7119 through 7122, and 7131 of title 5, United States Code,

shall apply to employing offices and to covered employees and

representatives of those employees. (2) DEFINITION.—For purposes of the application under this

section of the sections referred to in paragraph (1), the term

‘‘agency’’ shall be deemed to include an employing office.

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

be such remedy, including a remedy under section 7118(a)(7) of

title 5, United States Code, as would be appropriate if awarded

by the Federal Labor Relations Authority to remedy a violation

of any provision made applicable by subsection (a).

(c) AUTHORITIES AND PROCEDURES FOR IMPLEMENTATION AND

ENFORCEMENT.—

(1) GENERAL AUTHORITIES OF THE BOARD; PETITIONS.—For

purposes of this section and except as otherwise provided in

this section, the Board shall exercise the authorities of the

Federal Labor Relations Authority under sections 7105, 7111,

7112, 7113, 7115, 7117, 7118, and 7122 of title 5, United

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

title 5, United States Code. For purposes of this section, any

petition or other submission that, under chapter 71 of title

5, United States Code, would be submitted to the Federal

Labor Relations Authority shall, if brought under this section,

be submitted to the Board. The Board shall refer any matter

under this paragraph to a hearing officer for decision pursuant

to subsections (b) through (h) of section 405, subject to review

by the Board pursuant to section 406. The Board may direct

that the General Counsel carry out the Board’s investigative

authorities under this paragraph.

(2) GENERAL AUTHORITIES OF THE GENERAL COUNSEL;

CHARGES OF UNFAIR LABOR PRACTICE.—For purposes of this

section and except as otherwise provided in this section, the

General Counsel shall exercise the authorities of the General

Counsel of the Federal Labor Relations Authority under sections 7104 and 7118 of title 5, United States Code. For purposes

of this section, any charge or other submission that, under

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

to the General Counsel of the Federal Labor Relations Authority

shall, if brought under this section, be submitted to the General

2 USC 1351.
109 STAT. 20 PUBLIC LAW 104–1—JAN. 23, 1995

Counsel. If any person charges an employing office or a labor

organization with having engaged in or engaging in an unfair

labor practice and makes such charge within 180 days of the

occurrence of the alleged unfair labor practice, the General

Counsel shall investigate the charge and may file a complaint

with the Office. The complaint shall be submitted to a hearing

officer for decision pursuant to subsections (b) through (h)

of section 405, subject to review by the Board pursuant to

section 406.

(3) JUDICIAL REVIEW.—Except for matters referred to in

paragraphs (1) and (2) of section 7123(a) of title 5, United

States Code, the General Counsel or the respondent to the

complaint, if aggrieved by a final decision of the Board under

paragraph (1) or (2) of this subsection, may file a petition

for judicial review in the United States Court of Appeals for

the Federal Circuit pursuant to section 407.

(4) EXERCISE OF IMPASSES PANEL AUTHORITY; REQUESTS.—

For purposes of this section and except as otherwise provided

in this section, the Board shall exercise the authorities of

the Federal Service Impasses Panel under section 7119 of title

5, United States Code. For purposes of this section, any request

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

be presented to the Federal Service Impasses Panel shall, if

made under this section, be presented to the Board. At the

request of the Board, the Executive Director shall appoint a

mediator or mediators to perform the functions of the Federal

Service Impasses Panel under section 7119 of title 5, United

States Code.

(d) REGULATIONS TO IMPLEMENT SECTION.—

(1) IN GENERAL.—The Board shall, pursuant to section 304,

issue regulations to implement this section.

(2) AGENCY REGULATIONS.—Except as provided in subsection (e), the regulations issued under paragraph (1) shall

be the same as substantive regulations promulgated by the

Federal Labor Relations Authority to implement the statutory

provisions referred to in subsection (a) except—

(A) to the extent that the Board may determine, for

good cause shown and stated together with the regulation,

that a modification of such regulations would be more

effective for the implementation of the rights and protections under this section; or

(B) as the Board deems necessary to avoid a conflict

of interest or appearance of a conflict of interest.

(e) SPECIFIC REGULATIONS REGARDING APPLICATION TO CERTAIN

OFFICES OF CONGRESS.—

(1) REGULATIONS REQUIRED.—The Board shall issue regulations pursuant to section 304 on the manner and extent to

which the requirements and exemptions of chapter 71 of title

5, United States Code, should apply to covered employees who

are employed in the offices listed in paragraph (2). The regulations shall, to the greatest extent practicable, be consistent

with the provisions and purposes of chapter 71 of title 5,

United States Code and of this Act, and shall be the same

as substantive regulations issued by the Federal Labor Relations Authority under such chapter, except—

(A) to the extent that the Board may determine, for

good cause shown and stated together with the regulation,
PUBLIC LAW 104–1—JAN. 23, 1995 109 STAT. 21

that a modification of such regulations would be more

effective for the implementation of the rights and protections under this section; and

(B) that the Board shall exclude from coverage under

this section any covered employees who are employed in

offices listed in paragraph (2) if the Board determines

that such exclusion is required because of—

(i) a conflict of interest or appearance of a conflict

of interest; or

(ii) Congress’ constitutional responsibilities.

(2) OFFICES REFERRED TO.—The offices referred to in paragraph (1) include—

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

of Representatives or of any Senator;

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

or other committee of the Senate or House of Representatives, or a joint committee of Congress;

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

the Senate), the Office of the President pro tempore of

the Senate, the Office of the Majority Leader of the Senate,

the Office of the Minority Leader of the Senate, the Office

of the Majority Whip of the Senate, the Office of the Minority Whip of the Senate, the Conference of the Majority

of the Senate, the Conference of the Minority of the Senate,

the Office of the Secretary of the Conference of the Majority

of the Senate, the Office of the Secretary of the Conference

of the Minority of the Senate, the Office of the Secretary

for the Majority of the Senate, the Office of the Secretary

for the Minority of the Senate, the Majority Policy Committee of the Senate, the Minority Policy Committee of the

Senate, and the following offices within the Office of the

Secretary of the Senate: Offices of the Parliamentarian,

Bill Clerk, Legislative Clerk, Journal Clerk, Executive

Clerk, Enrolling Clerk, Official Reporters of Debate, Daily

Digest, Printing Services, Captioning Services, and Senate

Chief Counsel for Employment;

(D) the Office of the Speaker of the House of Representatives, the Office of the Majority Leader of the House

of Representatives, the Office of the Minority Leader of

the House of Representatives, the Offices of the Chief Deputy Majority Whips, the Offices of the Chief Deputy Minority Whips and the following offices within the Office of

the Clerk of the House of Representatives: Offices of Legislative Operations, Official Reporters of Debate, Official

Reporters to Committees, Printing Services, and Legislative

Information;

(E) the Office of the Legislative Counsel of the Senate,

the Office of the Senate Legal Counsel, the Office of the

Legislative Counsel of the House of Representatives, the

Office of the General Counsel of the House of Representatives, the Office of the Parliamentarian of the House of

Representatives, and the Office of the Law Revision Counsel;

(F) the offices of any caucus or party organization;

(G) the Congressional Budget Office, the Office of Technology Assessment, and the Office of Compliance; and
109 STAT. 22 PUBLIC LAW 104–1—JAN. 23, 1995

(H) such other offices that perform comparable functions which are identified under regulations of the Board.

(f) EFFECTIVE DATE.—

(1) IN GENERAL.—Except as provided in paragraph (2), subsections (a) and (b) shall be effective on October 1, 1996.

(2) CERTAIN OFFICES.—With respect to the offices listed

in subsection (e)(2), to the covered employees of such offices,

and to representatives of such employees, subsections (a) and

(b) shall be effective on the effective date of regulations under

subsection (e).

PART E—GENERAL

SEC. 225. GENERALLY APPLICABLE REMEDIES AND LIMITATIONS.

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

any claim under this Act, or a qualified person with a disability,

with respect to any claim under section 210, is a prevailing party

in any proceeding under section 405, 406, 407, or 408, the hearing

officer, Board, or court, as the case may be, may award attorney’s

fees, expert fees, and any other costs as would be appropriate

if awarded under section 706(k) of the Civil Rights Act of 1964

(42 U.S.C. 2000e–5(k)).

(b) INTEREST.—In any proceeding under section 405, 406, 407,

or 408, the same interest to compensate for delay in payment

shall be made available as would be appropriate if awarded under

section 717(d) of the Civil Rights Act of 1964 (42 U.S.C. 2000e–

16(d)).

(c) CIVIL PENALTIES AND PUNITIVE DAMAGES.—No civil penalty

or punitive damages may be awarded with respect to any claim

under this Act.

(d) EXCLUSIVE PROCEDURE.—

(1) IN GENERAL.—Except as provided in paragraph (2), no

person may commence an administrative or judicial proceeding

to seek a remedy for the rights and protections afforded by

this Act except as provided in this Act.

(2) VETERANS.—A covered employee under section 206 may

also utilize any provisions of chapter 43 of title 38, United

States Code, that are applicable to that employee.

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

undertaken and completed the procedures described in sections

402 and 403 may be granted a remedy under part A of this title.

(f) CONSTRUCTION.— (1) DEFINITIONS AND EXEMPTIONS.—Except where inconsistent with definitions and exemptions provided in this Act, the

definitions and exemptions in the laws made applicable by

this Act shall apply under this Act.

(2) SIZE LIMITATIONS.—Notwithstanding paragraph (1),

provisions in the laws made applicable under this Act (other

than the Worker Adjustment and Retraining Notification Act)

determining coverage based on size, whether expressed in terms

of numbers of employees, amount of business transacted, or

other measure, shall not apply in determining coverage under

this Act.

(3) EXECUTIVE BRANCH ENFORCEMENT.—This Act shall not

be construed to authorize enforcement by the executive branch

of this Act.

2 USC 1361.
PUBLIC LAW 104–1—JAN. 23, 1995 109 STAT. 23

PART F—STUDY

SEC. 230. STUDY AND RECOMMENDATIONS REGARDING GENERAL

ACCOUNTING OFFICE, GOVERNMENT PRINTING OFFICE,

AND LIBRARY OF CONGRESS.

(a) IN GENERAL.—The Administrative Conference of the United

States shall undertake a study of— (1) the application of the laws listed in subsection (b)

to—

(A) the General Accounting Office;

(B) the Government Printing Office; and

(C) the Library of Congress; and (2) the regulations and procedures used by the entities referred to in paragraph (1) to apply and enforce such laws

to themselves and their employees.

(b) APPLICABLE STATUTES.—The study under this section shall consider the application of the following laws: (1) Title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.), and related provisions of section 2302 of title

5, United States Code.

(2) The Age Discrimination in Employment Act of 1967 (29 U.S.C. 621 et seq.), and related provisions of section 2302

of title 5, United States Code.

(3) The Americans with Disabilities Act of 1990 (42 U.S.C.

12101 et seq.), and related provisions of section 2302 of title

5, United States Code.

(4) The Family and Medical Leave Act of 1993 (29 U.S.C. 2611 et seq.), and related provisions of sections 6381 through

6387 of title 5, United States Code.

(5) The Fair Labor Standards Act of 1938 (29 U.S.C. 201

et seq.), and related provisions of sections 5541 through 5550a

of title 5, United States Code.

(6) The Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et seq.), and related provisions of section 7902

of title 5, United States Code.

(7) The Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.).

(8) Chapter 71 (relating to Federal service labor-manage- ment relations) of title 5, United States Code.

(9) The General Accounting Office Personnel Act of 1980 (31 U.S.C. 731 et seq.).

(10) The Employee Polygraph Protection Act of 1988 (29 U.S.C. 2001 et seq.).

(11) The Worker Adjustment and Retraining Notification Act (29 U.S.C. 2101 et seq.).

(12) Chapter 43 (relating to veterans’ employment and reemployment) of title 38, United States Code.

(c) CONTENTS OF STUDY AND RECOMMENDATIONS.—The study

under this section shall evaluate whether the rights, protections,

and procedures, including administrative and judicial relief,

applicable to the entities listed in paragraph (1) of subsection (a)

and their employees are comprehensive and effective and shall

include recommendations for any improvements in regulations or

legislation, including proposed regulatory or legislative language.

(d) DEADLINE AND DELIVERY OF STUDY.—Not later than December 31, 1996—

(1) the Administrative Conference of the United States

shall prepare and complete the study and recommendations

2 USC 1371.
109 STAT. 24 PUBLIC LAW 104–1—JAN. 23, 1995

required under this section and shall submit the study and

recommendations to the Board; and

(2) the Board shall transmit such study and recommenda- tions (with the Board’s comments) to the head of each entity

considered in the study, and to the Congress by delivery to

the Speaker of the House of Representatives and President

pro tempore of the Senate for referral to the appropriate

committees of the House of Representatives and of the Senate.

TITLE III—OFFICE OF COMPLIANCE

SEC. 301. ESTABLISHMENT OF OFFICE OF COMPLIANCE.

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

office within the legislative branch of the Federal Government,

the Office of Compliance.

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

Directors. The Board shall consist of 5 individuals appointed jointly

by the Speaker of the House of Representatives, the Majority Leader

of the Senate, and the Minority Leaders of the House of Representatives and the Senate. Appointments of the first 5 members of

the Board shall be completed not later than 90 days after the

date of the enactment of this Act.

(c) CHAIR.—The Chair shall be appointed from members of

the Board jointly by the Speaker of the House of Representatives,

the Majority Leader of the Senate, and the Minority Leaders of

the House of Representatives and the Senate.

(d) BOARD OF DIRECTORS QUALIFICATIONS.—

(1) SPECIFIC QUALIFICATIONS.—Selection and appointment

of members of the Board shall be without regard to political

affiliation and solely on the basis of fitness to perform the

duties of the Office. Members of the Board shall have training

or experience in the application of the rights, protections, and

remedies under one or more of the laws made applicable under

section 102.

(2) DISQUALIFICATIONS FOR APPOINTMENTS.—

(A) LOBBYING.—No individual who engages in, or is

otherwise employed in, lobbying of the Congress and who

is required under the Federal Regulation of Lobbying Act

to register with the Clerk of the House of Representatives

or the Secretary of the Senate shall be eligible for appointment to, or service on, the Board.

(B) INCOMPATIBLE OFFICE.—No member of the Board

appointed under subsection (b) may hold or may have held

the position of Member of the House of Representatives

or Senator, may hold the position of officer or employee

of the House of Representatives, Senate, or instrumentality

or other entity of the legislative branch, or may have held

such a position (other than the position of an officer or

employee of the General Accounting Office Personnel

Appeals Board, an officer or employee of the Office of

Fair Employment Practices of the House of Representatives, or officer or employee of the Office of Senate Fair

Employment Practices) within 4 years of the date of

appointment.

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

in the manner in which the original appointment was made.

2 USC 1381.
PUBLIC LAW 104–1—JAN. 23, 1995 109 STAT. 25

(e) TERM OF OFFICE.— (1) IN GENERAL.—Except as provided in paragraph (2),

membership on the Board shall be for 5 years. A member

of the Board who is appointed to a term of office of more

than 3 years shall only be eligible for appointment for a single

term of office.

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

to the Board—

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

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

(C) 2 shall have a term of office of 5 years, 1 of

whom shall be the Chair,

as designated at the time of appointment by the persons specified in subsection (b).

(f) REMOVAL.—

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

from office by a majority decision of the appointing authorities

described in subsection (b), but only for—

(A) disability that substantially prevents the member

from carrying out the duties of the member,

(B) incompetence,

(C) neglect of duty,

(D) malfeasance, including a felony or conduct involving moral turpitude, or

(E) holding an office or employment or engaging in

an activity that disqualifies the individual from service

as a member of the Board under subsection (d)(2).

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

a member of the Board, the Speaker of the House of Representatives and the President pro tempore of the Senate shall state

in writing to the member of the Board being removed the

specific reasons for the removal.

(g) COMPENSATION.—

(1) PER DIEM.—Each member of the Board shall be compensated at a rate equal to the daily equivalent of the annual

rate of basic pay prescribed for level V of the Executive Schedule

under section 5316 of title 5, United States Code, for each

day (including travel time) during which such member is engaged in the performance of the duties of the Board. The

rate of pay of a member may be prorated based on the portion

of the day during which the member is engaged in the performance of Board duties.

(2) TRAVEL EXPENSES.—Each member of the Board shall

receive travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, for

each day the member is engaged in the performance of duties

away from the home or regular place of business of the member.

(h) DUTIES.—The Office shall—

(1) carry out a program of education for Members of Congress and other employing authorities of the legislative branch

of the Federal Government respecting the laws made applicable

to them and a program to inform individuals of their rights

under laws applicable to the legislative branch of the Federal

Government;

(2) in carrying out the program under paragraph (1),

distribute the telephone number and address of the Office,
109 STAT. 26 PUBLIC LAW 104–1—JAN. 23, 1995

procedures for action under title IV, and any other information

appropriate for distribution, distribute such information to

employing offices in a manner suitable for posting, provide

such information to new employees of employing offices, distribute such information to the residences of covered employees,

and conduct seminars and other activities designed to educate

employing offices and covered employees; and (3) compile and publish statistics on the use of the Office

by covered employees, including the number and type of contacts made with the Office, on the reason for such contacts,

on the number of covered employees who initiated proceedings

with the Office under this Act and the result of such proceedings, and on the number of covered employees who filed a

complaint, the basis for the complaint, and the action taken

on the complaint.

(i) CONGRESSIONAL OVERSIGHT.—The Board and the Office shall

be subject to oversight (except with respect to the disposition of

individual cases) by the Committee on Rules and Administration

and the Committee on Governmental Affairs of the Senate and

the Committee on House Oversight of the House of Representatives.

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

including receipt of requests for counseling under section 402, not

later than 1 year after the date of the enactment of this Act.

(k) FINANCIAL DISCLOSURE REPORTS.—Members of the Board

and officers and employees of the Office shall file the financial

disclosure reports required under title I of the Ethics in Government

Act of 1978 with the Clerk of the House of Representatives.

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

(a) EXECUTIVE DIRECTOR.—

(1) APPOINTMENT AND REMOVAL.—

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

of the Board, shall appoint and may remove an Executive

Director. Selection and appointment of the Executive Director shall be without regard to political affiliation and solely

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

The first Executive Director shall be appointed no later

than 90 days after the initial appointment of the Board

of Directors.

(B) QUALIFICATIONS.—The Executive Director shall be

an individual with training or expertise in the application

of laws referred to in section 102(a).

(C) DISQUALIFICATIONS.—The disqualifications in section 301(d)(2) shall apply to the appointment of the Executive Director.

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

of the Executive Director. The rate of pay for the Executive

Director may not exceed the annual rate of basic pay prescribed

for level V of the Executive Schedule under section 5316 of

title 5, United States Code.

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

shall be a single term of 5 years, except that the first Executive

Director shall have a single term of 7 years.

(4) DUTIES.—The Executive Director shall serve as the

chief operating officer of the Office. Except as otherwise specified in this Act, the Executive Director shall carry out all

of the responsibilities of the Office under this Act.

2 USC 1382.

Records.

Publication.
PUBLIC LAW 104–1—JAN. 23, 1995 109 STAT. 27

(b) DEPUTY EXECUTIVE DIRECTORS.—

(1) IN GENERAL.—The Chair, subject to the approval of

the Board, shall appoint and may remove a Deputy Executive

Director for the Senate and a Deputy Executive Director for

the House of Representatives. Selection and appointment of

a Deputy Executive Director shall be without regard to political

affiliation and solely on the basis of fitness to perform the

duties of the office. The disqualifications in section 301(d)(2)

shall apply to the appointment of a Deputy Executive Director.

(2) TERM.—The term of office of a Deputy Executive Director shall be a single term of 5 years, except that the first

Deputy Executive Directors shall have a single term of 6 years.

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

of the Deputy Executive Directors. The rate of pay for a Deputy

Executive Director may not exceed 96 percent of the annual

rate of basic pay prescribed for level V of the Executive Schedule

under section 5316 of title 5, United States Code.

(4) DUTIES.—The Deputy Executive Director for the Senate

shall recommend to the Board regulations under section

304(a)(2)(B)(i), maintain the regulations and all records pertaining to the regulations, and shall assume such other responsibilities as may be delegated by the Executive Director. The Deputy

Executive Director for the House of Representatives shall recommend to the Board the regulations under section

304(a)(2)(B)(ii), maintain the regulations and all records

pertaining to the regulations, and shall assume such other

responsibilities as may be delegated by the Executive Director.

(c) GENERAL COUNSEL.—

(1) IN GENERAL.—The Chair, subject to the approval of

the Board, shall appoint a General Counsel. Selection and

appointment of the General Counsel shall be without regard

to political affiliation and solely on the basis of fitness to

perform the duties of the Office. The disqualifications in section

301(d)(2) shall apply to the appointment of a General Counsel.

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

of the General Counsel. The rate of pay for the General Counsel

may not exceed the annual rate of basic pay prescribed for

level V of the Executive Schedule under section 5316 of title

5, United States Code.

(3) DUTIES.—The General Counsel shall—

(A) exercise the authorities and perform the duties

of the General Counsel as specified in this Act; and

(B) otherwise assist the Board and the Executive Director in carrying out their duties and powers, including representing the Office in any judicial proceeding under this

Act.

(4) ATTORNEYS IN THE OFFICE OF THE GENERAL COUNSEL.—

The General Counsel shall appoint, and fix the compensation

of, and may remove, such additional attorneys as may be necessary to enable the General Counsel to perform the General

Counsel’s duties.

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

be a single term of 5 years.

(6) REMOVAL.—

(A) AUTHORITY.—The General Counsel may be removed

from office by the Chair but only for—
109 STAT. 28 PUBLIC LAW 104–1—JAN. 23, 1995

(i) disability that substantially prevents the General Counsel from carrying out the duties of the General Counsel,

(ii) incompetence,

(iii) neglect of duty,

(iv) malfeasance, including a felony or conduct

involving moral turpitude, or (v) holding an office or employment or engaging

in an activity that disqualifies the individual from

service as the General Counsel under paragraph (1).

(B) STATEMENT OF REASONS FOR REMOVAL.—In removing the General Counsel, the Speaker of the House of

Representatives and the President pro tempore of the Senate shall state in writing to the General Counsel the specific

reasons for the removal.

(d) OTHER STAFF.—The Executive Director shall appoint, and

fix the compensation of, and may remove, such other additional

staff, including hearing officers, but not including attorneys

employed in the office of the General Counsel, as may be necessary

to enable the Office to perform its duties.

(e) DETAILED PERSONNEL.—The Executive Director may, with

the prior consent of the department or agency of the Federal Government concerned, use on a reimbursable or nonreimbursable basis

the services of personnel of any such department or agency, including the services of members or personnel of the General Accounting

Office Personnel Appeals Board.

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

the Executive Director may procure the temporary (not to exceed

1 year) or intermittent services of consultants.

SEC. 303. PROCEDURAL RULES.

(a) IN GENERAL.—The Executive Director shall, subject to the

approval of the Board, adopt rules governing the procedures of

the Office, including the procedures of hearing officers, which shall

be submitted for publication in the Congressional Record. The rules

may be amended in the same manner.

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

referred to in subsection (a) in accordance with the principles and

procedures set forth in section 553 of title 5, United States Code.

The Executive Director shall publish a general notice of proposed

rulemaking under section 553(b) of title 5, United States Code,

but, instead of publication of a general notice of proposed rulemaking in the Federal Register, the Executive Director shall transmit such notice to the Speaker of the House of Representatives

and the President pro tempore of the Senate for publication in

the Congressional Record on the first day on which both Houses

are in session following such transmittal. Before adopting rules,

the Executive Director shall provide a comment period of at least

30 days after publication of a general notice of proposed rulemaking.

Upon adopting rules, the Executive Director shall transmit notice

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

of the House of Representatives and the President pro tempore

of the Senate for publication in the Congressional Record on the

first day on which both Houses are in session following such

transmittal. Rules shall be considered issued by the Executive Director as of the date on which they are published in the Congressional

Record.

Congressional

Record,

publication.

Congressional

Record,

publication.

2 USC 1383.
PUBLIC LAW 104–1—JAN. 23, 1995 109 STAT. 29

SEC. 304. SUBSTANTIVE REGULATIONS.

(a) REGULATIONS.— (1) IN GENERAL.—The procedures applicable to the regula- tions of the Board issued for the implementation of this Act,

which shall include regulations the Board is required to issue

under title II (including regulations on the appropriate application of exemptions under the laws made applicable in title

II) are as prescribed in this section. (2) RULEMAKING PROCEDURE.—Such regulations of the Board—

(A) shall be adopted, approved, and issued in accord- ance with subsection (b); and

(B) shall consist of 3 separate bodies of regulations, which shall apply, respectively, to— (i) the Senate and employees of the Senate;

(ii) the House of Representatives and employees of the House of Representatives; and (iii) all other covered employees and employing offices.

(b) ADOPTION BY THE BOARD.—The Board shall adopt the regu- lations referred to in subsection (a)(1) in accordance with the principles and procedures set forth in section 553 of title 5, United

States Code, and as provided in the following provisions of this

subsection:

(1) PROPOSAL.—The Board shall publish a general notice of proposed rulemaking under section 553(b) of title 5, United

States Code, but, instead of publication of a general notice

of proposed rulemaking in the Federal Register, the Board

shall transmit such notice to the Speaker of the House of

Representatives and the President pro tempore of the Senate

for publication in the Congressional Record on the first day

on which both Houses are in session following such transmittal.

Such notice shall set forth the recommendations of the Deputy

Director for the Senate in regard to regulations under subsection (a)(2)(B)(i), the recommendations of the Deputy Director

for the House of Representatives in regard to regulations under

subsection (a)(2)(B)(ii), and the recommendations of the Executive Director for regulations under subsection (a)(2)(B)(iii). (2) COMMENT.—Before adopting regulations, the Board

shall provide a comment period of at least 30 days after publication of a general notice of proposed rulemaking.

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

shall adopt regulations and shall transmit notice of such action

together with a copy of such regulations to the Speaker of

the House of Representatives and the President pro tempore

of the Senate for publication in the Congressional Record on

the first day on which both Houses are in session following

such transmittal.

(4) RECOMMENDATION AS TO METHOD OF APPROVAL.—The

Board shall include a recommendation in the general notice

of proposed rulemaking and in the regulations as to whether

the regulations should be approved by resolution of the Senate,

by resolution of the House of Representatives, by concurrent

resolution, or by joint resolution.

(c) APPROVAL OF REGULATIONS.— (1) IN GENERAL.—Regulations referred to in paragraph (2)(B)(i) of subsection (a) may be approved by the Senate by

Congressional

Record,

publication.

Congressional

Record,

publication.

2 USC 1384.
109 STAT. 30 PUBLIC LAW 104–1—JAN. 23, 1995

resolution or by the Congress by concurrent resolution or by

joint resolution. Regulations referred to in paragraph (2)(B)(ii)

of subsection (a) may be approved by the House of Representatives by resolution or by the Congress by concurrent resolution

or by joint resolution. Regulations referred to in paragraph

(2)(B)(iii) may be approved by Congress by concurrent resolution

or by joint resolution. (2) REFERRAL.—Upon receipt of a notice of adoption of

regulations under subsection (b)(3), the presiding officers of

the House of Representatives and the Senate shall refer such

notice, together with a copy of such regulations, to the appropriate committee or committees of the House of Representatives

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

consider whether such regulations should be approved, and,

if so, whether such approval should be by resolution of the

House of Representatives or of the Senate, by concurrent resolution or by joint resolution.

(3) JOINT REFERRAL AND DISCHARGE IN THE SENATE.—The

presiding officer of the Senate may refer the notice of issuance

of regulations, or any resolution of approval of regulations,

to one committee or jointly to more than one committee. If

a committee of the Senate acts to report a jointly referred

measure, any other committee of the Senate must act within

30 calendar days of continuous session, or be automatically

discharged.

(4) ONE-HOUSE RESOLUTION OR CONCURRENT RESOLUTION.—

In the case of a resolution of the House of Representatives

or the Senate or a concurrent resolution referred to in paragraph (1), the matter after the resolving clause shall be the

following: ‘‘The following regulations issued by the Office of

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

being appropriately filled in, and the text of the regulations

being set forth).

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

referred to in paragraph (1), the matter after the resolving

clause shall be the following: ‘‘The following regulations issued

by the Office of Compliance on ll are hereby approved and

shall have the force and effect of law:’’ (the blank space being

appropriately filled in, and the text of the regulations being

set forth).

(d) ISSUANCE AND EFFECTIVE DATE.—

(1) PUBLICATION.—After approval of regulations under subsection (c), the Board shall submit the regulations to the

Speaker of the House of Representatives and the President

pro tempore of the Senate for publication in the Congressional

Record on the first day on which both Houses are in session

following such transmittal.

(2) DATE OF ISSUANCE.—The date of issuance of regulations

shall be the date on which they are published in the Congressional Record under paragraph (1).

(3) EFFECTIVE DATE.—Regulations shall become effective

not less than 60 days after the regulations are issued, except

that the Board may provide for an earlier effective date for

good cause found (within the meaning of section 553(d)(3) of

title 5, United States Code) and published with the regulation.

(e) AMENDMENT OF REGULATIONS.—Regulations may be amended in the same manner as is described in this section for the

Congressional

Record,

publication.
PUBLIC LAW 104–1—JAN. 23, 1995 109 STAT. 31

adoption, approval, and issuance of regulations, except that the

Board may, in its discretion, dispense with publication of a general

notice of proposed rulemaking of minor, technical, or urgent amendments that satisfy the criteria for dispensing with publication of

such notice pursuant to section 553(b)(B) of title 5, United States

Code.

(f) RIGHT TO PETITION FOR RULEMAKING.—Any interested party

may petition to the Board for the issuance, amendment, or repeal

of a regulation. (g) CONSULTATION.—The Executive Director, the Deputy Directors, and the Board—

(1) shall consult, with regard to the development of regulations, with—

(A) the Chair of the Administrative Conference of the

United States;

(B) the Secretary of Labor;

(C) the Federal Labor Relations Authority; and

(D) the Director of the Office of Personnel Management;

and

(2) may consult with any other persons with whom consultation, in the opinion of the Board, the Executive Director,

or Deputy Directors, may be helpful.

SEC. 305. EXPENSES.

(a) AUTHORIZATION OF APPROPRIATIONS.—Beginning in fiscal

year 1995, and for each fiscal year thereafter, there are authorized

to be appropriated for the expenses of the Office such sums as

may be necessary to carry out the functions of the Office. Until

sums are first appropriated pursuant to the preceding sentence,

but for a period not exceeding 12 months following the date of

the enactment of this Act—

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

from funds appropriated for allowances and expenses of the

House of Representatives, and

(2) one-half of the expenses of the Office shall be paid

from funds appropriated for allowances and expenses of the

Senate,

upon vouchers approved by the Executive Director, except that

a voucher shall not be required for the disbursement of salaries

of employees who are paid at an annual rate. The Clerk of the

House of Representatives and the Secretary of the Senate are

authorized to make arrangements for the division of expenses under

this subsection, including arrangements for one House of Congress

to reimburse the other House of Congress.

(b) FINANCIAL AND ADMINISTRATIVE SERVICES.—The Executive

Director may place orders and enter into agreements for goods

and services with the head of any agency, or major organizational

unit within an agency, in the legislative or executive branch of

the United States in the same manner and to the same extent

as agencies are authorized under sections 1535 and 1536 of title

31, United States Code, to place orders and enter into agreements.

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

employees, witnesses before a hearing officer or the Board in any

proceeding under this Act other than rulemaking shall be paid

the same fee and mileage allowances as are paid subpoenaed witnesses in the courts of the United States. Covered employees who

are summoned, or are assigned by their employer, to testify in

2 USC 1385.
109 STAT. 32 PUBLIC LAW 104–1—JAN. 23, 1995

their official capacity or to produce official records in any proceeding

under this Act shall be entitled to travel expenses under subchapter

I and section 5751 of chapter 57 of title 5, United States Code.

TITLE IV—ADMINISTRATIVE AND JUDICIAL DISPUTE-RESOLUTION PROCEDURES

SEC. 401. PROCEDURE FOR CONSIDERATION OF ALLEGED VIOLATIONS.

Except as otherwise provided, the procedure for consideration

of alleged violations of part A of title II consists of—

(1) counseling as provided in section 402;

(2) mediation as provided in section 403; and

(3) election, as provided in section 404, of either—

(A) a formal complaint and hearing as provided in

section 405, subject to Board review as provided in section

406, and judicial review in the United States Court of

Appeals for the Federal Circuit as provided in section 407,

or

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

States as provided in section 408.

In the case of an employee of the Office of the Architect of the

Capitol or of the Capitol Police, the Executive Director, after receiving a request for counseling under section 402, may recommend

that the employee use the grievance procedures of the Architect

of the Capitol or the Capitol Police for resolution of the employee’s

grievance for a specific period of time, which shall not count against

the time available for counseling or mediation.

SEC. 402. COUNSELING.

(a) IN GENERAL.—To commence a proceeding, a covered

employee alleging a violation of a law made applicable under part

A of title II shall request counseling by the Office. The Office

shall provide the employee with all relevant information with

respect to the rights of the employee. A request for counseling

shall be made not later than 180 days after the date of the alleged

violation.

(b) PERIOD OF COUNSELING.—The period for counseling shall

be 30 days unless the employee and the Office agree to reduce

the period. The period shall begin on the date the request for

counseling is received. (c) NOTIFICATION OF END OF COUNSELING PERIOD.—The Office

shall notify the employee in writing when the counseling period

has ended.

SEC. 403. MEDIATION.

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

employee of notice of the end of the counseling period under section

402, but prior to and as a condition of making an election under

section 404, the covered employee who alleged a violation of a

law shall file a request for mediation with the Office.

(b) PROCESS.—Mediation under this section—

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

employing office, and one or more individuals appointed by

the Executive Director after considering recommendations by

2 USC 1403.

2 USC 1402.

2 USC 1401.
PUBLIC LAW 104–1—JAN. 23, 1995 109 STAT. 33

organizations composed primarily of individuals experienced

in adjudicating or arbitrating personnel matters, and (2) shall involve meetings with the parties separately or

jointly for the purpose of resolving the dispute between the

covered employee and the employing office.

(c) MEDIATION PERIOD.—The mediation period shall be 30 days

beginning on the date the request for mediation is received. The

mediation period may be extended for additional periods at the

joint request of the covered employee and the employing office.

The Office shall notify in writing the covered employee and the

employing office when the mediation period has ended. (d) INDEPENDENCE OF MEDIATION PROCESS.—No individual, who

is appointed by the Executive Director to mediate, may conduct

or aid in a hearing conducted under section 405 with respect to

the same matter or shall be subject to subpoena or any other

compulsory process with respect to the same matter.

SEC. 404. ELECTION OF PROCEEDING.

Not later than 90 days after a covered employee receives notice

of the end of the period of mediation, but no sooner than 30

days after receipt of such notification, such covered employee may

either—

(1) file a complaint with the Office in accordance with

section 405, or

(2) file a civil action in accordance with section 408 in

the United States district court for the district in which the

employee is employed or for the District of Columbia.

SEC. 405. COMPLAINT AND HEARING.

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

of mediation under section 403, file a complaint with the Office.

The respondent to the complaint shall be the employing office—

(1) involved in the violation, or

(2) in which the violation is alleged to have occurred,

and about which mediation was conducted.

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

the hearing officer finds to be frivolous or that fails to state a

claim upon which relief may be granted.

(c) HEARING OFFICER.—

(1) APPOINTMENT.—Upon the filing of a complaint, the

Executive Director shall appoint an independent hearing officer

to consider the complaint and render a decision. No Member

of the House of Representatives, Senator, officer of either the

House of Representatives or the Senate, head of an employing

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

appointed to be a hearing officer. The Executive Director shall

select hearing officers on a rotational or random basis from

the lists developed under paragraph (2). Nothing in this section

shall prevent the appointment of hearing officers as full-time

employees of the Office or the selection of hearing officers

on the basis of specialized expertise needed for particular matters.

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

lists, composed of—

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

of Columbia and retired judges of the United States courts

who are experienced in adjudicating or arbitrating the

2 USC 1405.

2 USC 1404.

Notification.
109 STAT. 34 PUBLIC LAW 104–1—JAN. 23, 1995

kinds of personnel and other matters for which hearings

may be held under this Act, and (B) individuals expert in technical matters relating

to accessibility and usability by persons with disabilities

or technical matters relating to occupational safety and

health.

In developing lists, the Executive Director shall consider candidates recommended by the Federal Mediation and Conciliation Service or the Administrative Conference of the United

States.

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

a hearing shall be—

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

officer;

(2) commenced no later than 60 days after filing of the

complaint under subsection (a), except that the Office may,

for good cause, extend up to an additional 30 days the time

for commencing a hearing; and

(3) conducted, except as specifically provided in this Act

and to the greatest extent practicable, in accordance with the

principles and procedures set forth in sections 554 through

557 of title 5, United States Code.

(e) DISCOVERY.—Reasonable prehearing discovery may be permitted at the discretion of the hearing officer.

(f) SUBPOENAS.—

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

officer may issue subpoenas for the attendance of witnesses

and for the production of correspondence, books, papers, documents, and other records. The attendance of witnesses and

the production of records may be required from any place

within the United States. Subpoenas shall be served in the

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

Civil Procedure.

(2) OBJECTIONS.—If a person refuses, on the basis of relevance, privilege, or other objection, to testify in response to

a question or to produce records in connection with a proceeding

before a hearing officer, the hearing officer shall rule on the

objection. At the request of the witness or any party, the

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

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

review.

(3) ENFORCEMENT.—

(A) IN GENERAL.—If a person fails to comply with a

subpoena, the Board may authorize the General Counsel

to apply, in the name of the Office, to an appropriate

United States district court for an order requiring that

person to appear before the hearing officer to give testimony

or produce records. The application may be made within

the judicial district where the hearing is conducted or

where that person is found, resides, or transacts business.

Any failure to obey a lawful order of the district court

issued pursuant to this section may be held by such court

to be a civil contempt thereof.

(B) SERVICE OF PROCESS.—Process in an action or contempt proceeding pursuant to subparagraph (A) may be

served in any judicial district in which the person refusing

or failing to comply, or threatening to refuse or not to

Records.
PUBLIC LAW 104–1—JAN. 23, 1995 109 STAT. 35

comply, resides, transacts business, or may be found, and

subpoenas for witnesses who are required to attend such

proceedings may run into any other district. (g) DECISION.—The hearing officer shall issue a written decision as expeditiously as possible, but in no case more than 90 days

after the conclusion of the hearing. The written decision shall

be transmitted by the Office to the parties. The decision shall

state the issues raised in the complaint, describe the evidence

in the record, contain findings of fact and conclusions of law, contain

a determination of whether a violation has occurred, and order

such remedies as are appropriate pursuant to title II. The decision

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

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

considered the final decision of the Office.

(h) PRECEDENTS.—A hearing officer who conducts a hearing under this section shall be guided by judicial decisions under the

laws made applicable by section 102 and by Board decisions under

this Act.

SEC. 406. APPEAL TO THE BOARD.

(a) IN GENERAL.—Any party aggrieved by the decision of a hearing officer under section 405(g) may file a petition for review

by the Board not later than 30 days after entry of the decision

in the records of the Office.

(b) PARTIES’ OPPORTUNITY TO SUBMIT ARGUMENT.—The parties

to the hearing upon which the decision of the hearing officer was

made shall have a reasonable opportunity to be heard, through

written submission and, in the discretion of the Board, through

oral argument. (c) STANDARD OF REVIEW.—The Board shall set aside a decision

of a hearing officer if the Board determines that the decision was— (1) arbitrary, capricious, an abuse of discretion, or other- wise not consistent with law;

(2) not made consistent with required procedures; or

(3) unsupported by substantial evidence. (d) RECORD.—In making determinations under subsection (c), the Board shall review the whole record, or those parts of it cited

by a party, and due account shall be taken of the rule of prejudicial

error.

(e) DECISION.—The Board shall issue a written decision setting forth the reasons for its decision. The decision may affirm, reverse,

or remand to the hearing officer for further proceedings. A decision

that does not require further proceedings before a hearing officer

shall be entered in the records of the Office as a final decision.

SEC. 407. JUDICIAL REVIEW OF BOARD DECISIONS AND ENFORCEMENT.

(a) JURISDICTION.— (1) JUDICIAL REVIEW.—The United States Court of Appeals

for the Federal Circuit shall have jurisdiction over any proceeding commenced by a petition of—

(A) a party aggrieved by a final decision of the Board

under section 406(e) in cases arising under part A of title

II,

(B) a charging individual or a respondent before the

Board who files a petition under section 210(d)(4),

(C) the General Counsel or a respondent before the

Board who files a petition under section 215(c)(5), or

2 USC 1407.

Records.

2 USC 1406.

Records.
109 STAT. 36 PUBLIC LAW 104–1—JAN. 23, 1995

(D) the General Counsel or a respondent before the

Board who files a petition under section 220(c)(3).

The court of appeals shall have exclusive jurisdiction to set

aside, suspend (in whole or in part), to determine the validity

of, or otherwise review the decision of the Board.

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

for the Federal Circuit shall have jurisdiction over any petition

of the General Counsel, filed in the name of the Office and

at the direction of the Board, to enforce a final decision under

section 405(g) or 406(e) with respect to a violation of part

A, B, C, or D of title II.

(b) PROCEDURES.—

(1) RESPONDENTS.—(A) In any proceeding commenced by

a petition filed under subsection (a)(1) (A) or (B), or filed by

a party other than the General Counsel under subsection (a)(1)

(C) or (D), the Office shall be named respondent and any

party before the Board may be named respondent by filing

a notice of election with the court within 30 days after service

of the petition.

(B) In any proceeding commenced by a petition filed by

the General Counsel under subsection (a)(1) (C) or (D), the

prevailing party in the final decision entered under section

406(e) shall be named respondent, and any other party before

the Board may be named respondent by filing a notice of

election with the court within 30 days after service of the

petition.

(C) In any proceeding commenced by a petition filed under

subsection (a)(2), the party under section 405 or 406 that the

General Counsel determines has failed to comply with a final

decision under section 405(g) or 406(e) shall be named respondent.

(2) INTERVENTION.—Any party that participated in the

proceedings before the Board under section 406 and that was

not made respondent under paragraph (1) may intervene as

of right.

(c) LAW APPLICABLE.—Chapter 158 of title 28, United States

Code, shall apply to judicial review under paragraph (1) of subsection (a), except that—

(1) with respect to section 2344 of title 28, United States

Code, service of a petition in any proceeding in which the

Office is a respondent shall be on the General Counsel rather

than on the Attorney General;

(2) the provisions of section 2348 of title 28, United States

Code, on the authority of the Attorney General, shall not apply;

(3) the petition for review shall be filed not later than

90 days after the entry in the Office of a final decision under

section 406(e); and

(4) the Office shall be an ‘‘agency’’ as that term is used

in chapter 158 of title 28, United States Code.

(d) STANDARD OF REVIEW.—To the extent necessary for decision

in a proceeding commenced under subsection (a)(1) and when presented, the court shall decide all relevant questions of law and

interpret constitutional and statutory provisions. The court shall

set aside a final decision of the Board if it is determined that

the decision was—

(1) arbitrary, capricious, an abuse of discretion, or otherwise not consistent with law;
PUBLIC LAW 104–1—JAN. 23, 1995 109 STAT. 37

(2) not made consistent with required procedures; or

(3) unsupported by substantial evidence.

(e) RECORD.—In making determinations under subsection (d),

the court shall review the whole record, or those parts of it cited

by a party, and due account shall be taken of the rule of prejudicial

error.

SEC. 408. CIVIL ACTION.

(a) JURISDICTION.—The district courts of the United States

shall have jurisdiction over any civil action commenced under section 404 and this section by a covered employee who has completed

counseling under section 402 and mediation under section 403.

A civil action may be commenced by a covered employee only

to seek redress for a violation for which the employee has completed

counseling and mediation.

(b) PARTIES.—The defendant shall be the employing office

alleged to have committed the violation, or in which the violation

is alleged to have occurred.

(c) JURY TRIAL.—Any party may demand a jury trial where

a jury trial would be available in an action against a private

defendant under the relevant law made applicable by this Act.

In any case in which a violation of section 201 is alleged, the

court shall not inform the jury of the maximum amount of compensatory damages available under section 201(b)(1) or 201(b)(3).

SEC. 409. JUDICIAL REVIEW OF REGULATIONS.

In any proceeding brought under section 407 or 408 in which

the application of a regulation issued under this Act is at issue,

the court may review the validity of the regulation in accordance

with the provisions of subparagraphs (A) through (D) of section

706(2) of title 5, United States Code, except that with respect

to regulations approved by a joint resolution under section 304(c),

only the provisions of section 706(2)(B) of title 5, United States

Code, shall apply. If the court determines that the regulation is

invalid, the court shall apply, to the extent necessary and appropriate, the most relevant substantive executive agency regulation

promulgated to implement the statutory provisions with respect

to which the invalid regulation was issued. Except as provided

in this section, the validity of regulations issued under this Act

is not subject to judicial review.

SEC. 410. OTHER JUDICIAL REVIEW PROHIBITED.

Except as expressly authorized by sections 407, 408, and 409,

the compliance or noncompliance with the provisions of this Act

and any action taken pursuant to this Act shall not be subject

to judicial review.

SEC. 411. EFFECT OF FAILURE TO ISSUE REGULATIONS.

In any proceeding under section 405, 406, 407, or 408, except

a proceeding to enforce section 220 with respect to offices listed

under section 220(e)(2), if the Board has not issued a regulation

on a matter for which this Act requires a regulation to be issued,

the hearing officer, Board, or court, as the case may be, shall

apply, to the extent necessary and appropriate, the most relevant

substantive executive agency regulation promulgated to implement

the statutory provision at issue in the proceeding.

2 USC 1411.

2 USC 1410.

2 USC 1409.

2 USC 1408.
109 STAT. 38 PUBLIC LAW 104–1—JAN. 23, 1995

SEC. 412. EXPEDITED REVIEW OF CERTAIN APPEALS.

(a) IN GENERAL.—An appeal may be taken directly to the Supreme Court of the United States from any interlocutory or

final judgment, decree, or order of a court upon the constitutionality

of any provision of this Act. (b) JURISDICTION.—The Supreme Court shall, if it has not previously ruled on the question, accept jurisdiction over the appeal

referred to in subsection (a), advance the appeal on the docket,

and expedite the appeal to the greatest extent possible.

SEC. 413. PRIVILEGES AND IMMUNITIES.

The authorization to bring judicial proceedings under sections 405(f)(3), 407, and 408 shall not constitute a waiver of sovereign

immunity for any other purpose, or of the privileges of any Senator

or Member of the House of Representatives under article I, section

6, clause 1, of the Constitution, or a waiver of any power of either

the Senate or the House of Representatives under the Constitution,

including under article I, section 5, clause 3, or under the rules

of either House relating to records and information within its jurisdiction.

SEC. 414. SETTLEMENT OF COMPLAINTS.

Any settlement entered into by the parties to a process

described in section 210, 215, 220, or 401 shall be in writing

and not become effective unless it is approved by the Executive

Director. Nothing in this Act shall affect the power of the Senate

and the House of Representatives, respectively, to establish rules

governing the process by which a settlement may be entered into

by such House or by any employing office of such House.

SEC. 415. PAYMENTS.

(a) AWARDS AND SETTLEMENTS.—Except as provided in subsection (c), only funds which are appropriated to an account of

the Office in the Treasury of the United States for the payment

of awards and settlements may be used for the payment of awards

and settlements under this Act. There are authorized to be appropriated for such account such sums as may be necessary to pay

such awards and settlements. Funds in the account are not available

for awards and settlements involving the General Accounting Office,

the Government Printing Office, or the Library of Congress.

(b) COMPLIANCE.—Except as provided in subsection (c), there

are authorized to be appropriated such sums as may be necessary

for administrative, personnel, and similar expenses of employing

offices which are needed to comply with this Act.

(c) OSHA, ACCOMMODATION, AND ACCESS REQUIREMENTS.—

Funds to correct violations of section 201(a)(3), 210, or 215 of

this Act may be paid only from funds appropriated to the employing

office or entity responsible for correcting such violations. There

are authorized to be appropriated such sums as may be necessary

for such funds.

SEC. 416. CONFIDENTIALITY.

(a) COUNSELING.—All counseling shall be strictly confidential,

except that the Office and a covered employee may agree to notify

the employing office of the allegations. (b) MEDIATION.—All mediation shall be strictly confidential.

(c) HEARINGS AND DELIBERATIONS.—Except as provided in subsections (d), (e), and (f), all proceedings and deliberations of hearing

2 USC 1416.

Appropriation

authorization.

2 USC 1415.

2 USC 1414.

2 USC 1413.

2 USC 1412.
PUBLIC LAW 104–1—JAN. 23, 1995 109 STAT. 39

officers and the Board, including any related records, shall be

confidential. This subsection shall not apply to proceedings under

section 215, but shall apply to the deliberations of hearing officers

and the Board under that section.

(d) RELEASE OF RECORDS FOR JUDICIAL ACTION.—The records

of hearing officers and the Board may be made public if required

for the purpose of judicial review under section 407. (e) ACCESS BY COMMITTEES OF CONGRESS.—At the discretion

of the Executive Director, the Executive Director may provide to

the Committee on Standards of Official Conduct of the House of

Representatives and the Select Committee on Ethics of the Senate

access to the records of the hearings and decisions of the hearing

officers and the Board, including all written and oral testimony

in the possession of the Office. The Executive Director shall not

provide such access until the Executive Director has consulted

with the individual filing the complaint at issue, and until a final

decision has been entered under section 405(g) or 406(e).

(f) FINAL DECISIONS.—A final decision entered under section

405(g) or 406(e) shall be made public if it is in favor of the complaining covered employee, or in favor of the charging party under

section 210, or if the decision reverses a decision of a hearing

officer which had been in favor of the covered employee or charging

party. The Board may make public any other decision at its discretion.

TITLE V—MISCELLANEOUS PROVISIONS

SEC. 501. EXERCISE OF RULEMAKING POWERS.

The provisions of sections 102(b)(3) and 304(c) are enacted—

(1) as an exercise of the rulemaking power of the House

of Representatives and the Senate, respectively, and as such

they shall be considered as part of the rules of such House,

respectively, and such rules shall supersede other rules only

to the extent that they are inconsistent therewith; and

(2) with full recognition of the constitutional right of either

House to change such rules (so far as relating to such House)

at any time, in the same manner, and to the same extent

as in the case of any other rule of each House.

SEC. 502. POLITICAL AFFILIATION AND PLACE OF RESIDENCE.

(a) IN GENERAL.—It shall not be a violation of any provision

of section 201 to consider the—

(1) party affiliation;

(2) domicile; or

(3) political compatibility with the employing office;

of an employee referred to in subsection (b) with respect to employment decisions.

(b) DEFINITION.—For purposes of subsection (a), the term

‘‘employee’’ means—

(1) an employee on the staff of the leadership of the House

of Representatives or the leadership of the Senate;

(2) an employee on the staff of a committee or subcommittee

of—

(A) the House of Representatives;

(B) the Senate; or

(C) a joint committee of the Congress;

2 USC 1432.

2 USC 1431.

Public

information.
109 STAT. 40 PUBLIC LAW 104–1—JAN. 23, 1995

(3) an employee on the staff of a Member of the House

of Representatives or on the staff of a Senator;

(4) an officer of the House of Representatives or the Senate

or a congressional employee who is elected by the House of

Representatives or Senate or is appointed by a Member of

the House of Representatives or by a Senator (in addition

an employee described in paragraph (1), (2), or (3)); or (5) an applicant for a position that is to be occupied by an individual described in any of paragraphs (1) through (4).

SEC. 503. NONDISCRIMINATION RULES OF THE HOUSE AND SENATE.

The Select Committee on Ethics of the Senate and the Committee on Standards of Official Conduct of the House of Representatives

retain full power, in accordance with the authority provided to

them by the Senate and the House, with respect to the discipline

of Members, officers, and employees for violating rules of the Senate

and the House on nondiscrimination in employment.

SEC. 504. TECHNICAL AND CONFORMING AMENDMENTS.

(a) CIVIL RIGHTS REMEDIES.—

(1) Sections 301 and 302 of the Government Employee

Rights Act of 1991 (2 U.S.C. 1201 and 1202) are amended

to read as follows:

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

‘‘(a) SHORT TITLE.—This title may be cited as the ‘Government

Employee Rights Act of 1991’.

‘‘(b) PURPOSE.—The purpose of this title is to provide procedures

to protect the rights of certain government employees, with respect

to their public employment, to be free of discrimination on the

basis of race, color, religion, sex, national origin, age, or disability.

‘‘(c) DEFINITION.—For purposes of this title, the term ‘violation’

means a practice that violates section 302(a) of this title.

‘‘SEC. 302. DISCRIMINATORY PRACTICES PROHIBITED.

‘‘(a) PRACTICES.—All personnel actions affecting the Presidential

appointees described in section 303 or the State employees described

in section 304 shall be made free from any discrimination based

on—

‘‘(1) race, color, religion, sex, or national origin, within

the meaning of section 717 of the Civil Rights Act of 1964

(42 U.S.C. 2000e–16);

‘‘(2) age, within the meaning of section 15 of the Age

Discrimination in Employment Act of 1967 (29 U.S.C. 633a);

or

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

Rehabilitation Act of 1973 (29 U.S.C. 791) and sections 102

through 104 of the Americans with Disabilities Act of 1990

(42 U.S.C. 12112–14).

‘‘(b) REMEDIES.—The remedies referred to in sections 303(a)(1)

and 304(a)—

‘‘(1) may include, in the case of a determination that a

violation of subsection (a)(1) or (a)(3) has occurred, such remedies as would be appropriate if awarded under sections 706(g),

706(k), and 717(d) of the Civil Rights Act of 1964 (42 U.S.C.

2000e–5(g), 2000e–5(k), 2000e–16(d)), and such compensatory

damages as would be appropriate if awarded under section

2 USC 1433.
PUBLIC LAW 104–1—JAN. 23, 1995 109 STAT. 41

1977 or sections 1977A(a) and 1977A(b)(2) of the Revised Statutes (42 U.S.C. 1981 and 1981a (a) and (b)(2));

‘‘(2) may include, in the case of a determination that a

violation of subsection (a)(2) has occurred, such remedies as

would be appropriate if awarded under section 15(c) of the

Age Discrimination in Employment Act of 1967 (29 U.S.C.

633a(c)); and

‘‘(3) may not include punitive damages.’’.

(2) Sections 303 through 319, and sections 322, 324, and

325 of the Government Employee Rights Act of 1991 (2 U.S.C.

1203–1218, 1221, 1223, and 1224) are repealed, except as provided in section 506 of this Act.

(3) Sections 320 and 321 of the Government Employee

Rights Act of 1991 (2 U.S.C. 1219 and 1220) are redesignated

as sections 303 and 304, respectively.

(4) Sections 303 and 304 of the Government Employee

Rights Act of 1991, as so redesignated, are each amended

by striking ‘‘and 307(h) of this title’’.

(5) Section 1205 of the Supplemental Appropriations Act

of 1993 (2 U.S.C. 1207a) is repealed, except as provided in

section 506 of this Act.

(b) FAMILY AND MEDICAL LEAVE ACT OF 1993.—Title V of

the Family and Medical Leave Act of 1993 (2 U.S.C. 60m et seq.)

is repealed, except as provided in section 506 of this Act.

(c) ARCHITECT OF THE CAPITOL.—

(1) REPEAL.—Section 312(e) of the Architect of the Capitol

Human Resources Act (Public Law 103–283; 108 Stat. 1444)

is repealed, except as provided in section 506 of this Act.

(2) APPLICATION OF GENERAL ACCOUNTING OFFICE PERSONNEL ACT OF 1980.—The provisions of sections 751, 753, and

755 of title 31, United States Code, amended by section 312(e)

of the Architect of the Capitol Human Resources Act, shall

be applied and administered as if such section 312(e) (and

the amendments made by such section) had not been enacted.

SEC. 505. JUDICIAL BRANCH COVERAGE STUDY.

The Judicial Conference of the United States shall prepare

a report for submission by the Chief Justice of the United States

to the Congress on the application to the judicial branch of the

Federal Government of—

(1) the Fair Labor Standards Act of 1938 (29 U.S.C. 201

et seq.);

(2) title VII of the Civil Rights Act of 1964 (42 U.S.C.

2000e et seq.);

(3) the Americans with Disabilities Act of 1990 (42 U.S.C.

12101 et seq.);

(4) the Age Discrimination in Employment Act of 1967

(29 U.S.C. 621 et seq.);

(5) the Family and Medical Leave Act of 1993 (29 U.S.C.

2611 et seq.);

(6) the Occupational Safety and Health Act of 1970 (29

U.S.C. 651 et seq.);

(7) chapter 71 (relating to Federal service labor-management relations) of title 5, United States Code;

(8) the Employee Polygraph Protection Act of 1988 (29

U.S.C. 2001 et seq.);

Reports.

2 USC 1434.

31 USC 1751

note.

40 USC 166b–7.
109 STAT. 42 PUBLIC LAW 104–1—JAN. 23, 1995

(9) the Worker Adjustment and Retraining Notification

Act (29 U.S.C. 2101 et seq.);

(10) the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.);

and

(11) chapter 43 (relating to veterans’ employment and

reemployment) of title 38, United States Code.

The report shall be submitted to Congress not later than December

31, 1996, and shall include any recommendations the Judicial Conference may have for legislation to provide to employees of the

judicial branch the rights, protections, and procedures under the

listed laws, including administrative and judicial relief, that are

comparable to those available to employees of the legislative branch

under titles I through IV of this Act.

SEC. 506. SAVINGS PROVISIONS.

(a) TRANSITION PROVISIONS FOR EMPLOYEES OF THE HOUSE

OF REPRESENTATIVES AND OF THE SENATE.—

(1) CLAIMS ARISING BEFORE EFFECTIVE DATE.—If, as of the

date on which section 201 takes effect, an employee of the

Senate or the House of Representatives has or could have

requested counseling under section 305 of the Government

Employees Rights Act of 1991 (2 U.S.C. 1205) or Rule LI

of the House of Representatives, including counseling for

alleged violations of family and medical leave rights under

title V of the Family and Medical Leave Act of 1993, the

employee may complete, or initiate and complete, all procedures

under the Government Employees Rights Act of 1991 and Rule

LI, and the provisions of that Act and Rule shall remain in

effect with respect to, and provide the exclusive procedures

for, those claims until the completion of all such procedures.

(2) CLAIMS ARISING BETWEEN EFFECTIVE DATE AND OPENING

OF OFFICE.—If a claim by an employee of the Senate or House

of Representatives arises under section 201 or 202 after the

effective date of such sections, but before the opening of the

Office for receipt of requests for counseling or mediation under

sections 402 and 403, the provisions of the Government Employees Rights Act of 1991 (2 U.S.C. 1201 et seq.) and Rule LI

of the House of Representatives relating to counseling and

mediation shall remain in effect, and the employee may complete under that Act or Rule the requirements for counseling

and mediation under sections 402 and 403. If, after counseling

and mediation is completed, the Office has not yet opened

for the filing of a timely complaint under section 405, the

employee may elect—

(A) to file a complaint under section 307 of the Government Employees Rights Act of 1991 (2 U.S.C. 1207) or

Rule LI of the House of Representatives, and thereafter

proceed exclusively under that Act or Rule, the provisions

of which shall remain in effect until the completion of

all proceedings in relation to the complaint, or

(B) to commence a civil action under section 408.

(3) SECTION 1205 OF THE SUPPLEMENTAL APPROPRIATIONS

ACT OF 1993.—With respect to payments of awards and settlements relating to Senate employees under paragraph (1) of

this subsection, section 1205 of the Supplemental Appropriations Act of 1993 (2 U.S.C. 1207a) remains in effect.

2 USC 1435.
PUBLIC LAW 104–1—JAN. 23, 1995 109 STAT. 43

(b) TRANSITION PROVISIONS FOR EMPLOYEES OF THE ARCHITECT

OF THE CAPITOL.—–

(1) CLAIMS ARISING BEFORE EFFECTIVE DATE.—If, as of the

date on which section 201 takes effect, an employee of the

Architect of the Capitol has or could have filed a charge or

complaint regarding an alleged violation of section 312(e)(2)

of the Architect of the Capitol Human Resources Act (Public

Law 103–283), the employee may complete, or initiate and

complete, all procedures under section 312(e) of that Act, the

provisions of which shall remain in effect with respect to,

and provide the exclusive procedures for, that claim until the

completion of all such procedures.

(2) CLAIMS ARISING BETWEEN EFFECTIVE DATE AND OPENING

OF OFFICE.—If a claim by an employee of the Architect of

the Capitol arises under section 201 or 202 after the effective

date of those provisions, but before the opening of the Office

for receipt of requests for counseling or mediation under sections 402 and 403, the employee may satisfy the requirements

for counseling and mediation by exhausting the requirements

prescribed by the Architect of the Capitol in accordance with

section 312(e)(3) of the Architect of the Capitol Human

Resources Act (Public Law 103–283). If, after exhaustion of

those requirements the Office has not yet opened for the filing

of a timely complaint under section 405, the employee may

elect—

(A) to file a charge with the General Accounting Office

Personnel Appeals Board pursuant to section 312(e)(3) of

the Architect of the Capitol Human Resources Act (Public

Law 103–283), and thereafter proceed exclusively under

section 312(e) of that Act, the provisions of which shall

remain in effect until the completion of all proceedings

in relation to the charge, or

(B) to commence a civil action under section 408.

(c) TRANSITION PROVISION RELATING TO MATTERS OTHER THAN

EMPLOYMENT UNDER SECTION 509 OF THE AMERICANS WITH

DISABILITIES ACT OF 1990.—With respect to matters other than

employment under section 509 of the Americans with Disabilities

Act of 1990 (42 U.S.C. 12209), the rights, protections, remedies,

and procedures of section 509 of such Act shall remain in effect

until section 210 of this Act takes effect with respect to each

of the entities covered by section 509 of such Act.

SEC. 507. USE OF FREQUENT FLYER MILES.

(a) LIMITATION ON THE USE OF TRAVEL AWARDS.—Notwithstanding any other provision of law, or any rule, regulation, or

other authority, any travel award that accrues by reason of official

travel of a Member, officer, or employee of the Senate shall be

considered the property of the office for which the travel was

performed and may not be converted to personal use.

(b) REGULATIONS.—The Committee on Rules and Administration of the Senate shall have authority to prescribe regulations

to carry out this section.

(c) DEFINITIONS.—As used in this section—

(1) the term ‘‘travel award’’ means any frequent flyer, free,

or discounted travel, or other travel benefit, whether awarded

by coupon, membership, or otherwise; and

2 USC 1436.
109 STAT. 44 PUBLIC LAW 104–1—JAN. 23, 1995

LEGISLATIVE HISTORY—S. 2 (H.R. 1):

CONGRESSIONAL RECORD, Vol. 141 (1995):

Jan. 4, H.R. 1 considered and passed House.

Jan. 5, 6, 9–11, S. 2 considered and passed Senate.

Jan. 12, H.R. 1 considered and passed Senate, amended, in lieu of S. 2.

Jan. 17, S. 2 considered and passed House.

WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 31 (1995):

Jan. 23, Presidential remarks.

Æ

(2) the term ‘‘official travel’’ means travel engaged in the

course of official business of the Senate.

SEC. 508. SENSE OF SENATE REGARDING ADOPTION OF SIMPLIFIED

AND STREAMLINED ACQUISITION PROCEDURES FOR

SENATE ACQUISITIONS.

It is the sense of the Senate that the Committee on Rules

and Administration of the Senate should review the rules applicable

to purchases by Senate offices to determine whether they are

consistent with the acquisition simplification and streamlining laws

enacted in the Federal Acquisition Streamlining Act of 1994 (Public

Law 103–355).

SEC. 509. SEVERABILITY.

If any provision of this Act or the application of such provision

to any person or circumstance is held to be invalid, the remainder

of this Act and the application of the provisions of the remainder

to any person or circumstance shall not be affected thereby.

Approved January 23, 1995.

2 USC 1438.

2 USC 1437.