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[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 2 Enrolled Bill (ENR)]

        S.2

                       One Hundred Fourth Congress

                                 of the

                        United States of America

                          AT THE FIRST SESSION

         Begun and held at the City of Washington on Wednesday,
  the fourth day of January, one thousand nine hundred and ninety-five

                                 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.

                              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.
        (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.).
        (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.

             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 (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.

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

    (a) Family and Medical Leave Rights and Protections Provided.--
        (1) In general.--The rights and protections established by 
    sections 101 through 105 of the Family and Medical Leave Act of 
    1993 (29 U.S.C. 2611 through 2615) shall apply to covered 
    employees.
        (2) Definition.--For purposes of the application described in 
    paragraph (1)--
            (A) the term ``employer'' as used in the Family and Medical 
        Leave Act of 1993 means any employing office, and
            (B) the term ``eligible employee'' as used in the Family 
        and Medical Leave Act of 1993 means a covered employee who has 
        been employed in any employing office for 12 months and for at 
        least 1,250 hours of employment during the previous 12 months.
    (b) Remedy.--The remedy for a violation of subsection (a) shall be 
such remedy, including liquidated damages, as would be appropriate if 
awarded under paragraph (1) of section 107(a) of the Family and Medical 
Leave Act of 1993 (29 U.S.C. 2617(a)(1)).
    (c) Application to General Accounting Office and Library of 
Congress.--
        (1) Amendments to the family and medical leave act of 1993.--
            (A) Coverage.--Section 101(4)(A) of the Family and Medical 
        Leave Act of 1993 (29 U.S.C. 2611(4)(A)) is amended by striking 
        ``and'' at the end of clause (ii), by striking the period at 
        the end of clause (iii) and inserting ``; and'', and by adding 
        after clause (iii) the following:
                ``(iv) includes the General Accounting Office and the 
            Library of Congress.''.
            (B) Enforcement.--Section 107 of the Family and Medical 
        Leave Act of 1993 (29 U.S.C. 2617) is amended by adding at the 
        end the following:
    ``(f) General Accounting Office and Library of Congress.--In the 
case of the General Accounting Office and the Library of Congress, the 
authority of the Secretary of Labor under this title shall be exercised 
respectively by the Comptroller General of the United States and the 
Librarian of Congress.''.
        (2) Conforming amendment to title 5, united states code.--
    Section 6381(1)(A) of title 5, United States Code, is amended by 
    striking ``and'' after ``District of Columbia'' and inserting 
    before the semicolon the following: ``, and any employee of the 
    General Accounting Office or the Library of Congress''.
    (d) Regulations.--
        (1) In general.--The Board shall, pursuant to section 304, 
    issue regulations to implement the rights and protections under 
    this section.
        (2) Agency regulations.--The regulations issued under paragraph 
    (1) shall be the same as substantive regulations promulgated by the 
    Secretary of Labor to implement the statutory provisions referred 
    to in subsection (a) except insofar as the Board may determine, for 
    good cause shown and stated together with the regulation, that a 
    modification of such regulations would be more effective for the 
    implementation of the rights and protections under this section.
    (e) Effective Date.--
        (1) In general.--Subsections (a) and (b) shall be effective 1 
    year after the date of the enactment of this Act.
        (2) General accounting office and library of congress.--
    Subsection (c) shall be effective 1 year after transmission to the 
    Congress of the study under section 230.

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

    (a) Fair Labor Standards.--
        (1) In general.--The rights and protections established by 
    subsections (a)(1) and (d) of section 6, section 7, and section 
    12(c) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206 (a)(1) 
    and (d), 207, 212(c)) shall apply to covered employees.
        (2) Interns.--For the purposes of this section, the term 
    ``covered employee'' does not include an intern as defined in 
    regulations under subsection (c).
        (3) Compensatory time.--Except as provided in regulations under 
    subsection (c)(3), covered employees may not receive compensatory 
    time in lieu of overtime compensation.
    (b) Remedy.--The remedy for a violation of subsection (a) shall be 
such remedy, including liquidated damages, as would be appropriate if 
awarded under section 16(b) of the Fair Labor Standards Act of 1938 (29 
U.S.C. 216(b)).
    (c) Regulations To Implement Section.--
        (1) In general.--The Board shall, pursuant to section 304, 
    issue regulations to implement this section.
        (2) Agency regulations.--Except as provided in paragraph (3), 
    the regulations issued under paragraph (1) shall be the same as 
    substantive regulations promulgated by the Secretary of Labor to 
    implement the statutory provisions referred to in subsection (a) 
    except insofar as the Board may determine, for good cause shown and 
    stated together with the regulation, that a modification of such 
    regulations would be more effective for the implementation of the 
    rights and protections under this section.
        (3) Irregular work schedules.--The Board shall issue 
    regulations for covered employees whose work schedules directly 
    depend on the schedule of the House of Representatives or the 
    Senate that shall be comparable to the provisions in the Fair Labor 
    Standards Act of 1938 that apply to employees who have irregular 
    work schedules.
    (d) Application to the Government Printing Office.--Section 
3(e)(2)(A) of the Fair Labor Standards Act of 1938 (29 U.S.C. 
203(e)(2)(A)) is amended--
        (1) in clause (iii), by striking ``legislative or'',
        (2) by striking ``or'' at the end of clause (iv), and
        (3) by striking the semicolon at the end of clause (v) and 
    inserting ``, or'' and by adding after clause (v) the following:
            ``(vi) the Government Printing Office;''.
    (e) Effective Date.--Subsections (a) and (b) shall be effective 1 
year after the date of the enactment of this Act.

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

    (a) Polygraph Practices Prohibited.--
        (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 
    ``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 paragraphs (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);
        (8) the Office of the Attending Physician;
        (9) the Office of Compliance; and
        (10) the Office of Technology Assessment.
    (b) Discrimination in Public Services and Accommodations.--
        (1) Rights and protections.--The rights and protections against 
    discrimination in the provision of public services and 
    accommodations established by sections 201 through 230, 302, 303, 
    and 309 of the Americans with Disabilities Act of 1990 (42 U.S.C. 
    12131-12150, 12182, 12183, and 12189) shall apply to the entities 
    listed in subsection (a).
        (2) Definitions.--For purposes of the application of title II 
    of the Americans with Disabilities Act of 1990 (42 U.S.C. 12131 et 
    seq.) under this section, the term ``public entity'' means any 
    entity listed in subsection (a) that provides public services, 
    programs, or activities.
    (c) Remedy.--The remedy for a violation of subsection (b) shall be 
such remedy as would be appropriate if awarded under section 203 or 
308(a) of the Americans with Disabilities Act of 1990 (42 U.S.C. 12133, 
12188(a)), except that, with respect to any claim of employment 
discrimination asserted by any covered employee, the exclusive remedy 
shall be under section 201 of this title.
    (d) Available Procedures.--
        (1) Charge filed with general counsel.--A qualified individual 
    with a disability, as defined in section 201(2) of the Americans 
    with Disabilities Act of 1990 (42 U.S.C. 12131(2)), who alleges a 
    violation of subsection (b) by an entity listed in subsection (a), 
    may file a charge against any entity responsible for correcting the 
    violation with the General Counsel within 180 days of the 
    occurrence of the alleged violation. The General Counsel shall 
    investigate the charge.
        (2) Mediation.--If, upon investigation under paragraph (1), the 
    General Counsel believes that a violation of subsection (b) may 
    have occurred and that mediation may be helpful in resolving the 
    dispute, the General Counsel may request, but not participate in, 
    mediation under subsections (b) through (d) of section 403 between 
    the charging individual and any entity responsible for correcting 
    the alleged violation.
        (3) Complaint, hearing, board review.--If mediation under 
    paragraph (2) has not succeeded in resolving the dispute, and if 
    the General Counsel believes that a violation of subsection (b) may 
    have occurred, the General Counsel may file with the Office a 
    complaint against any entity responsible for correcting the 
    violation. The complaint shall be submitted to a hearing officer 
    for decision pursuant to subsections (b) through (h) of section 405 
    and any person who has filed a charge under paragraph (1) may 
    intervene as of right, with the full rights of a party. The 
    decision of the hearing officer shall be subject to review by the 
    Board pursuant to section 406.
        (4) Judicial review.--A charging individual who has intervened 
    under paragraph (3) or any respondent to the complaint, if 
    aggrieved by a final decision of the Board under paragraph (3), may 
    file a petition for review in the United States Court of Appeals 
    for the Federal Circuit, pursuant to section 407.
        (5) Compliance date.--If new appropriated funds are necessary 
    to comply with an order requiring correction of a violation 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 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.
    (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 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 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.--
        (1) In general.--Except as provided in paragraph (2), 
    subsections (a), (b), (c), and (e)(3) shall be effective on January 
    1, 1997.
        (2) General accounting office and library of congress.--This 
    section shall be effective with respect to the General Accounting 
    Office and the Library of Congress 1 year after transmission to the 
    Congress of the study under section 230.

                   PART D--LABOR-MANAGEMENT RELATIONS

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 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, 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
            (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.

                             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-management 
    relations) of title 5, United States Code.
        (9) The General Accounting Office Personnel Act of 1980 (31 
    U.S.C. 731 et seq.).
        (10) The Employee Polygraph Protection Act of 1988 (29 U.S.C. 
    2001 et seq.).
        (11) The Worker Adjustment and Retraining Notification Act (29 
    U.S.C. 2101 et seq.).
        (12) Chapter 43 (relating to veterans' employment and 
    reemployment) of title 38, United States Code.
    (c) Contents of Study and Recommendations.--The study under this 
section shall evaluate whether the rights, protections, and procedures, 
including administrative and judicial relief, applicable to the 
entities listed in paragraph (1) of subsection (a) and their employees 
are comprehensive and effective and shall include recommendations for 
any improvements in regulations or legislation, including proposed 
regulatory or legislative language.
    (d) Deadline and Delivery of Study.--Not later than December 31, 
1996--
        (1) the Administrative Conference of the United States shall 
    prepare and complete the study and recommendations required under 
    this section and shall submit the study and recommendations to the 
    Board; and
        (2) the Board shall transmit such study and recommendations 
    (with the Board's comments) to the head of each entity considered 
    in the study, and to the Congress by delivery to the Speaker of the 
    House of Representatives and President pro tempore of the Senate 
    for referral to the appropriate committees of the House of 
    Representatives and of the Senate.

                    TITLE III--OFFICE OF COMPLIANCE

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.
    (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, 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.
    (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--
                (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.

SEC. 304. SUBSTANTIVE REGULATIONS.

    (a) Regulations.--
        (1) In general.--The procedures applicable to the regulations 
    of the Board issued for the implementation of this Act, which shall 
    include regulations the Board is required to issue under title II 
    (including regulations on the appropriate application of exemptions 
    under the laws made applicable in title II) are as prescribed in 
    this section.
        (2) Rulemaking procedure.--Such regulations of the Board--
            (A) shall be adopted, approved, and issued in accordance 
        with subsection (b); and
            (B) shall consist of 3 separate bodies of regulations, 
        which shall apply, respectively, to--
                (i) the Senate and employees of the Senate;
                (ii) the House of Representatives and employees of the 
            House of Representatives; and
                (iii) all other covered employees and employing 
            offices.
    (b) Adoption by the Board.--The Board shall adopt the regulations 
referred to in subsection (a)(1) in accordance with the principles and 
procedures set forth in section 553 of title 5, United States Code, and 
as provided in the following provisions of this subsection:
        (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 resolution or by 
    the Congress by concurrent resolution or by joint resolution. 
    Regulations referred to in paragraph (2)(B)(ii) of subsection (a) 
    may be approved by the House of Representatives by resolution or by 
    the Congress by concurrent resolution or by joint resolution. 
    Regulations referred to in paragraph (2)(B)(iii) may be approved by 
    Congress by concurrent resolution or by joint resolution.
        (2) Referral.--Upon receipt of a notice of adoption of 
    regulations under subsection (b)(3), the presiding officers of the 
    House of Representatives and the Senate shall refer such notice, 
    together with a copy of such regulations, to the appropriate 
    committee or committees of the House of Representatives and of the 
    Senate. The purpose of the referral shall be to consider whether 
    such regulations should be approved, and, if so, whether such 
    approval should be by resolution of the House of Representatives or 
    of the Senate, by concurrent resolution or by joint resolution.
        (3) Joint referral and discharge in the senate.--The presiding 
    officer of the Senate may refer the notice of issuance of 
    regulations, or any resolution of approval of regulations, to one 
    committee or jointly to more than one committee. If a committee of 
    the Senate acts to report a jointly referred measure, any other 
    committee of the Senate must act within 30 calendar days of 
    continuous session, or be automatically discharged.
        (4) One-house resolution or concurrent resolution.--In the case 
    of a resolution of the House of Representatives or the Senate or a 
    concurrent resolution referred to in paragraph (1), the matter 
    after the resolving clause shall be the following: ``The following 
    regulations issued by the Office of Compliance on ____ are hereby 
    approved:'' (the blank space being appropriately filled in, and the 
    text of the regulations being set forth).
        (5) Joint resolution.--In the case of a joint resolution 
    referred to in paragraph (1), the matter after the resolving clause 
    shall be the following: ``The following regulations issued by the 
    Office of Compliance on ____ are hereby approved and shall have the 
    force and effect of law:'' (the blank space being appropriately 
    filled in, and the text of the regulations being set forth).
    (d) Issuance and Effective Date.--
        (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 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 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 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 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 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 otherwise 
    not consistent with law;
        (2) not made consistent with required procedures; or
        (3) unsupported by substantial evidence.
    (d) Record.--In making determinations under subsection (c), the 
Board shall review the whole record, or those parts of it cited by a 
party, and due account shall be taken of the rule of prejudicial error.
    (e) Decision.--The Board shall issue a written decision setting 
forth the reasons for its decision. The decision may affirm, reverse, 
or remand to the hearing officer for further proceedings. A 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
            (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;
        (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.

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 
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;
        (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 governmentemployees, 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 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.);
        (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.
    (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) 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.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
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