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Sec. 201. Rights and protections under title VII of the Civil Rights Act of 1964,
the Age Discrimination in Employment Act of 1967, the Reha-
bilitation Act of 1973, and title I of the Americans with Disabil-
ities 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 reemploy-
ment.
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 rem-
edy of violations.
PART E—GENERAL
Sec. 225. Generally applicable remedies and limitations.
PART F—STUDY
Sec. 230. Study and recommendations regarding General Accounting Office, Gov-
ernment Printing Office, and Library of Congress.
TITLE III—OFFICE OF COMPLIANCE
Sec. 301. Establishment of Office of Compliance.
Sec. 302. Officers, staff, and other personnel.
Sec. 303. Procedural rules.
Sec. 304. Substantive regulations.
Sec. 305. Expenses.
TITLE IV—ADMINISTRATIVE AND JUDICIAL DISPUTE-RESOLUTION
PROCEDURES
Sec. 401. Procedure for consideration of alleged violations.
Sec. 402. Counseling.
Sec. 403. Mediation.
Sec. 404. Election of proceeding.
Sec. 405. Complaint and hearing.
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Sec. 406. Appeal to the Board.
Sec. 407. Judicial review of Board decisions and enforcement.
Sec. 408. Civil action.
Sec. 409. Judicial review of regulations.
Sec. 410. Other judicial review prohibited.
Sec. 411. Effect of failure to issue regulations.
Sec. 412. Expedited review of certain appeals.
Sec. 413. Privileges and immunities.
Sec. 414. Settlement of complaints.
Sec. 415. Payments.
Sec. 416. Confidentiality.
TITLE V—MISCELLANEOUS PROVISIONS
Sec. 501. Exercise of rulemaking powers.
Sec. 502. Political affiliation and place of residence.
Sec. 503. Nondiscrimination rules of the House and Senate.
Sec. 504. Technical and conforming amendments.
Sec. 505. Judicial branch coverage study.
Sec. 506. Savings provisions.
Sec. 507. Use of frequent flyer miles.
Sec. 508. Sense of Senate regarding adoption of simplified and streamlined ac-
quisition 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;
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(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 ARCHI-
TECT 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 REPRESENTA-
TIVES.—The term ‘‘employee of the House of Rep-
resentatives’’ includes an individual occupying a po-
sition the pay for which is disbursed by the Clerk of
the House of Representatives, or another official des-
ignated by the House of Representatives, or any em-
ployment 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
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employed by any entity listed in subparagraphs (C)
through (I) of paragraph (3).
(8) EMPLOYEE OF THE SENATE.—The term ‘‘em-
ployee 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 list-
ed 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 Representa-
tives or the Senate or a joint committee;
(C) any other office headed by a person
with the final authority to appoint, hire, dis-
charge, and set the terms, conditions, or privi-
leges 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 Of-
fice of the Attending Physician, the Office of
Compliance, and the Office of Technology Assess-
ment.
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(10) EXECUTIVE DIRECTOR.—The term ‘‘Execu-
tive Director’’ means the Executive Director of the Of-
fice 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 Of-
fice 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.).
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(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 No-
tification 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’ employ-
ment and reemployment) of title 38, United States
Code.
(b) LAWS WHICH MAY BE MADE APPLICABLE.—
(1) IN GENERAL.—The Board shall review provi-
sions of Federal law (including regulations) relating
to (A) the terms and conditions of employment (in-
cluding hiring, promotion, demotion, termination,
salary, wages, overtime compensation, benefits, work
assignments or reassignments, grievance and discipli-
nary 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 accommoda-
tions.
(2) BOARD
REPORT.—Beginning on December
31, 1996, and every 2 years thereafter, the Board
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shall report on (A) whether or to what degree the pro-
visions 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 ap-
plicable to the legislative branch. The presiding offi-
cers of the House of Representatives and the Senate
shall cause each such report to be printed in the Con-
gressional Record and each such report shall be re-
ferred to the committees of the House of Representa-
tives and the Senate with jurisdiction.
(3) REPORTS
OF
CONGRESSIONAL
COMMIT-
TEES.—Each report accompanying any bill or joint
resolution relating to terms and conditions of employ-
ment or access to public services or accommodations
reported by a committee of the House of Representa-
tives or the Senate shall—
(A) describe the manner in which the provi-
sions 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
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to consider any such bill or joint resolution if the re-
port of the committee on such bill or joint resolution
does not comply with the provisions of this para-
graph. 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 STAND-
ARDS, EMPLOYEE POLYGRAPH PROTECTION,
WORKER ADJUSTMENT AND RETRAINING,
EMPLOYMENT AND REEMPLOYMENT OF VET-
ERANS, AND INTIMIDATION
SEC. 201. RIGHTS AND PROTECTIONS UNDER TITLE VII OF
THE CIVIL RIGHTS ACT OF 1964, THE AGE DIS-
CRIMINATION IN EMPLOYMENT ACT OF 1967,
THE REHABILITATION ACT OF 1973, AND
TITLE I OF THE AMERICANS WITH DISABIL-
ITIES 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);
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(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 Dis-
abilities 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 Discrimi-
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nation 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 em-
ployees.
(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 Rehabili-
tation Act of 1973 (29 U.S.C. 794a(a)(1)) or sec-
tion 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, ir-
respective 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 CON-
GRESS.—
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(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 DIS-
ABILITIES ACT OF 1990.—Section 509 of the Ameri-
cans with Disabilities Act of 1990 (42 U.S.C. 12209)
is amended—
(A) by striking subsections (a) and (b) of
section 509;
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(B) in subsection (c), by striking ‘‘(c) IN-
STRUMENTALITIES OF CONGRESS.—’’ and insert-
ing ‘‘The General Accounting Office, the Govern-
ment Printing Office, and the Library of Con-
gress shall be covered as follows:’’;
(C) by striking the second sentence of para-
graph (2);
(D) in paragraph (4), by striking ‘‘the in-
strumentalities of the Congress include’’ and in-
serting ‘‘the term ‘instrumentality of the Con-
gress’ means’’, by striking ‘‘the Architect of the
Capitol, the Congressional Budget Office’’, by in-
serting ‘‘and’’ before ‘‘the Library’’, and by strik-
ing ‘‘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 instrumen-
tality 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,
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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
CON-
GRESS’’.
(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 PRO-
TECTIONS PROVIDED.—
(1) IN GENERAL.—The rights and protections es-
tablished 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 applica-
tion 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 em-
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ployed in any employing office for 12 months
and for at least 1,250 hours of employment dur-
ing 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 follow-
ing:
‘‘(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:
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‘‘(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 Li-
brarian of Congress.’’.
(2) CONFORMING AMENDMENT TO TITLE 5, UNIT-
ED
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 Con-
gress’’.
(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 is-
sued under paragraph (1) shall be the same as sub-
stantive 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 regu-
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lations 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 es-
tablished by subsections (a)(1) and (d) of section 6,
section 7, and section 12(c) of the Fair Labor Stand-
ards 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 in-
tern as defined in regulations under subsection (c).
(3) COMPENSATORY TIME.—Except as provided
in regulations under subsection (c)(3), covered em-
ployees may not receive compensatory time in lieu of
overtime compensation.
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(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 sec-
tion.
(2) AGENCY REGULATIONS.—Except as provided
in paragraph (3), the regulations issued under para-
graph (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 pro-
tections 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.
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(d) APPLICATION TO THE GOVERNMENT PRINTING OF-
FICE.—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 EM-
PLOYEE POLYGRAPH PROTECTION ACT OF
1988.
(a) POLYGRAPH PRACTICES PROHIBITED.—
(1) IN GENERAL.—No employing office, irrespec-
tive of whether a covered employee works in that em-
ploying office, may require a covered employee to take
a lie detector test where such a test would be prohib-
ited 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
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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 in-
clude the General Accounting Office and the Library
of Congress.
(3) CAPITOL POLICE.—Nothing in this section
shall preclude the Capitol Police from using lie detec-
tor tests in accordance with regulations under sub-
section (c).
(b) REMEDY.—The remedy for a violation of subsection
(a) shall be such remedy as would be appropriate if award-
ed under section 6(c)(1) of the Employee Polygraph Protec-
tion 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 sec-
tion.
(2) AGENCY REGULATIONS.—The regulations is-
sued under paragraph (1) shall be the same as sub-
stantive regulations promulgated by the Secretary of
Labor to implement the statutory provisions referred
to in subsections (a) and (b) except insofar as the
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Board may determine, for good cause shown and stat-
ed together with the regulation, that a modification of
such regulations would be more effective for the imple-
mentation of the rights and protections under this
section.
(d) EFFECTIVE DATE.—
(1) IN GENERAL.—Except as provided in para-
graph (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 re-
spect to the General Accounting Office and the Li-
brary 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 NOTIFICA-
TION ACT.
(a) WORKER ADJUSTMENT AND RETRAINING NOTIFI-
CATION 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 writ-
ten notice of such prospective closing or layoff to rep-
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resentatives 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 in-
clude 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 award-
ed 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 sec-
tion.
(2) AGENCY REGULATIONS.—The regulations is-
sued under paragraph (1) shall be the same as sub-
stantive 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 regu-
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lations 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 para-
graph (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 re-
spect to the General Accounting Office and the Li-
brary of Congress 1 year after transmission to the
Congress of the study under section 230.
SEC. 206. RIGHTS AND PROTECTIONS RELATING TO VETER-
ANS’ 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 em-
ployee;
(B) deny to an eligible employee reemploy-
ment rights within the meaning of sections 4312
and 4313 of title 38, United States Code; or
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(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 sec-
tion—
(A) the term ‘‘eligible employee’’ means a
covered employee performing service in the uni-
formed 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 award-
ed under paragraphs (1), (2)(A), and (3) of section 4323(c)
of title 38, United States Code.
(c) REGULATIONS TO IMPLEMENT SECTION.—
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(1) IN GENERAL.—The Board shall, pursuant to
section 304, issue regulations to implement this sec-
tion.
(2) AGENCY REGULATIONS.—The regulations is-
sued under paragraph (1) shall be the same as sub-
stantive 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 stat-
ed together with the regulation, that a modification of
such regulations would be more effective for the imple-
mentation of the rights and protections under this
section.
(d) EFFECTIVE DATE.—
(1) IN GENERAL.—Except as provided in para-
graph (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 re-
spect to the General Accounting Office and the Li-
brary 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 employ-
ing office to intimidate, take reprisal against, or otherwise
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discriminate against, any covered employee because the cov-
ered employee has opposed any practice made unlawful by
this Act, or because the covered employee has initiated pro-
ceedings, made a charge, or testified, assisted, or partici-
pated 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 ACCOMMODA-
TIONS UNDER THE AMERICANS WITH DIS-
ABILITIES ACT OF 1990
SEC. 210. RIGHTS AND PROTECTIONS UNDER THE AMERI-
CANS WITH DISABILITIES ACT OF 1990 RELAT-
ING TO PUBLIC SERVICES AND ACCOMMODA-
TIONS; PROCEDURES FOR REMEDY OF VIOLA-
TIONS.
(a) ENTITIES SUBJECT TO THIS SECTION.—The re-
quirements 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;
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(4) the Capitol Guide Service;
(5) the Capitol Police;
(6) the Congressional Budget Office;
(7) the Office of the Architect of the Capitol (in-
cluding the Senate Restaurants and the Botanic Gar-
den);
(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 AC-
COMMODATIONS.—
(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 applica-
tion 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.
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(c) REMEDY.—The remedy for a violation of subsection
(b) shall be such remedy as would be appropriate if award-
ed under section 203 or 308(a) of the Americans with Dis-
abilities Act of 1990 (42 U.S.C. 12133, 12188(a)), except
that, with respect to any claim of employment discrimina-
tion 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 viola-
tion. 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 dis-
pute, the General Counsel may request, but not par-
ticipate in, mediation under subsections (b) through
(d) of section 403 between the charging individual
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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 be-
lieves that a violation of subsection (b) may have oc-
curred, the General Counsel may file with the Office
a complaint against any entity responsible for cor-
recting the violation. The complaint shall be submit-
ted to a hearing officer for decision pursuant to sub-
sections (b) through (h) of section 405 and any person
who has filed a charge under paragraph (1) may in-
tervene as of right, with the full rights of a party. The
decision of the hearing officer shall be subject to re-
view by the Board pursuant to section 406.
(4) JUDICIAL REVIEW.—A charging individual
who has intervened under paragraph (3) or any re-
spondent to the complaint, if aggrieved by a final de-
cision of the Board under paragraph (3), may file a
petition for review in the United States Court of Ap-
peals for the Federal Circuit, pursuant to section 407.
(5) COMPLIANCE
DATE.—If new appropriated
funds are necessary to comply with an order requir-
ing correction of a violation of subsection (b), compli-
ance shall take place as soon as possible, but no later
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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 sec-
tion.
(2) AGENCY REGULATIONS.—The regulations is-
sued under paragraph (1) shall be the same as sub-
stantive regulations promulgated by the Attorney
General and the Secretary of Transportation to im-
plement the statutory provisions referred to in sub-
section (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 regu-
lations 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 in-
clude a method of identifying, for purposes of this sec-
tion 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.—
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(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 sub-
section (a) to ensure compliance with subsection (b).
(2) REPORT.—On the basis of each periodic in-
spection, the General Counsel shall, at least once every
Congress, prepare and submit a report—
(A) to the Speaker of the House of Rep-
resentatives, the President pro tempore of the
Senate, and the Office of the Architect of the
Capitol, or other entity responsible, for correct-
ing the violation of this section uncovered by
such inspection, and
(B) containing the results of the periodic
inspection, describing any steps necessary to cor-
rect 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 need-
ed 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 viola-
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tions of subsection (b), to determine the costs of com-
pliance, and to take any necessary corrective action
to abate any violations. The Office shall assist the Of-
fice 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 104th
Congress.
(4) DETAILED PERSONNEL.—The Attorney Gen-
eral, the Secretary of Transportation, and the Archi-
tectural and Transportation Barriers Compliance
Board may, on request of the Executive Director, de-
tail to the Office such personnel as may be necessary
to advise and assist the Office in carrying out its du-
ties 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 Disabil-
ities 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:
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‘‘(6) ENFORCEMENT OF RIGHTS TO PUBLIC SERV-
ICES AND ACCOMMODATIONS.—The remedies and pro-
cedures 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 visi-
tor, guest, or patron of an instrumentality of Con-
gress 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 exer-
cised 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.—Sub-
section (g) shall be effective 1 year after transmission
to the Congress of the study under section 230.
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PART C—OCCUPATIONAL SAFETY AND HEALTH
ACT OF 1970
SEC. 215. RIGHTS AND PROTECTIONS UNDER THE OCCUPA-
TIONAL SAFETY AND HEALTH ACT OF 1970;
PROCEDURES FOR REMEDY OF VIOLATIONS.
(a) OCCUPATIONAL SAFETY AND HEALTH PROTEC-
TIONS.—
(1) IN
GENERAL.—Each employing office and
each covered employee shall comply with the provi-
sions of section 5 of the Occupational Safety and
Health Act of 1970 (29 U.S.C. 654).
(2) DEFINITIONS.—For purposes of the applica-
tion 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 Con-
gress, 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
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(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 Safe-
ty and Health Act of 1970 (29 U.S.C. 657 (a), (d),
(e), and (f)) to inspect and investigate places of em-
ployment 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—
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(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 correc-
tion.
(3) HEARINGS AND REVIEW.—If after issuing a
citation or notification, the General Counsel deter-
mines 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 of-
fice 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 Occupa-
tional Safety and Health Act of 1970 (29 U.S.C.
655(b)(6) and 655(d)) to act on any employing of-
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fice’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 peti-
tion for review with the United States Court of Ap-
peals for the Federal Circuit pursuant to section 407.
(6) COMPLIANCE
DATE.—If new appropriated
funds are necessary to correct a violation of sub-
section (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 is-
sued 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 sec-
tion.
(2) AGENCY REGULATIONS.—The regulations is-
sued under paragraph (1) shall be the same as sub-
stantive regulations promulgated by the Secretary of
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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 stat-
ed together with the regulation, that a modification of
such regulations would be more effective for the imple-
mentation of the rights and protections under this
section.
(3) EMPLOYING OFFICE RESPONSIBLE FOR COR-
RECTION.—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 peri-
odic inspections of all facilities of the House of Rep-
resentatives, 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 Con-
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gress, and the General Accounting Office to report on
compliance with subsection (a).
(2) REPORT.—On the basis of each periodic in-
spection, the General Counsel shall prepare and sub-
mit a report—
(A) to the Speaker of the House of Rep-
resentatives, 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 re-
sponsible for correcting the violation of this sec-
tion 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 identi-
fies 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, de-
tail to the Office such personnel as may be necessary
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to advise and assist the Office in carrying out its du-
ties under this section.
(f) INITIAL PERIOD FOR STUDY AND CORRECTIVE AC-
TION.—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 as-
sistance at their request. Prior to July 1, 1996, the General
Counsel shall conduct a thorough inspection under sub-
section (e)(1) and shall submit the report under subsection
(e)(2) for the 104th Congress.
(g) EFFECTIVE DATE.—
(1) IN GENERAL.—Except as provided in para-
graph (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 re-
spect to the General Accounting Office and the Li-
brary of Congress 1 year after transmission to the
Congress of the study under section 230.
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PART D—LABOR-MANAGEMENT RELATIONS
SEC. 220. APPLICATION OF CHAPTER 71 OF TITLE 5, UNITED
STATES CODE, RELATING TO FEDERAL SERV-
ICE LABOR-MANAGEMENT RELATIONS; PRO-
CEDURES 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 applica-
tion 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 ap-
propriate if awarded by the Federal Labor Relations Au-
thority to remedy a violation of any provision made appli-
cable by subsection (a).
(c) AUTHORITIES AND PROCEDURES FOR IMPLEMEN-
TATION AND ENFORCEMENT.—
(1) GENERAL AUTHORITIES OF THE BOARD; PE-
TITIONS.—For purposes of this section and except as
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otherwise provided in this section, the Board shall ex-
ercise 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 sec-
tion, 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 pur-
suant 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 ex-
ercise 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 submis-
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sion 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 Gen-
eral Counsel. If any person charges an employing of-
fice 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 re-
ferred 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 paragraphs (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
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exercise the authorities of the Federal Service Im-
passes 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 Execu-
tive Director shall appoint a mediator or mediators
to perform the functions of the Federal Service Im-
passes 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 sec-
tion.
(2) AGENCY REGULATIONS.—Except as provided
in subsection (e), the regulations issued under para-
graph (1) shall be the same as substantive regulations
promulgated by the Federal Labor Relations Author-
ity to implement the statutory provisions referred to
in subsection (a) except—
(A) to the extent that the Board may deter-
mine, for good cause shown and stated together
with the regulation, that a modification of such
regulations would be more effective for the imple-
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mentation 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 man-
ner and extent to which the requirements and exemp-
tions 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 Fed-
eral Labor Relations Authority under such chapter,
except—
(A) to the extent that the Board may deter-
mine, for good cause shown and stated together
with the regulation, that a modification of such
regulations would be more effective for the imple-
mentation of the rights and protections under
this section; and
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(B) that the Board shall exclude from cov-
erage 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 respon-
sibilities.
(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 Presi-
dent 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
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Minority of the Senate, the Office of the Sec-
retary of the Conference of the Majority of the
Senate, the Office of the Secretary of the Con-
ference 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 Of-
fice 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 Sen-
ate 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 Rep-
resentatives, the Offices of the Chief Deputy Ma-
jority Whips, the Offices of the Chief Deputy Mi-
nority Whips and the following offices within the
Office of the Clerk of the House of Representa-
tives: Offices of Legislative Operations, Official
Reporters of Debate, Official Reporters to Com-
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mittees, Printing Services, and Legislative Infor-
mation;
(E) the Office of the Legislative Counsel of
the Senate, the Office of the Senate Legal Coun-
sel, the Office of the Legislative Counsel of the
House of Representatives, the Office of the Gen-
eral Counsel of the House of Representatives, the
Office of the Parliamentarian of the House of
Representatives, and the Office of the Law Revi-
sion Counsel;
(F) the offices of any caucus or party orga-
nization;
(G) the Congressional Budget Office, the Of-
fice of Technology Assessment, and the Office of
Compliance; and
(H) such other offices that perform com-
parable functions which are identified under reg-
ulations of the Board.
(f) EFFECTIVE DATE.—
(1) IN GENERAL.—Except as provided in para-
graph (2), subsections (a) and (b) shall be effective on
October 1, 1996.
(2) CERTAIN OFFICES.—With respect to the of-
fices listed in subsection (e)(2), to the covered employ-
ees of such offices, and to representatives of such em-
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ployees, 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 LIMITA-
TIONS.
(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 appro-
priate 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 para-
graph (2), no person may commence an administra-
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tive 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 sec-
tion 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 para-
graph (1), provisions in the laws made applicable
under this Act (other than the Worker Adjustment
and Retraining Notification Act) determining cov-
erage based on size, whether expressed in terms of
numbers of employees, amount of business transacted,
or other measure, shall not apply in determining cov-
erage under this Act.
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(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, 
GOVERN-
MENT 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 sub-
section (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 en-
force 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.
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(2) The Age Discrimination in Employment Act
of 1967 (29 U.S.C. 621 et seq.), and related provi-
sions 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 sec-
tions 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.).
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(11) The Worker Adjustment and Retraining No-
tification Act (29 U.S.C. 2101 et seq.).
(12) Chapter 43 (relating to veterans’ employ-
ment 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 administra-
tive 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 rec-
ommendations required under this section and shall
submit the study and recommendations to the Board;
and
(2) the Board shall transmit such study and rec-
ommendations (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
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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 Fed-
eral 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 Represent-
atives, the Majority Leader of the Senate, and the Minority
Leaders of the House of Representatives and the Senate. Ap-
pointments of the first 5 members of the Board shall be com-
pleted not later than 90 days after the date of the enactment
of this Act.
(c) CHAIR.—The Chair shall be appointed from mem-
bers 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 with-
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out 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 experi-
ence in the application of the rights, protections, and
remedies under one or more of the laws made applica-
ble 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 Sec-
retary of the Senate shall be eligible for appoint-
ment 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 instrumen-
tality 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 Employ-
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ment 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 appoint-
ment was made.
(e) TERM OF OFFICE.—
(1) IN GENERAL.—Except as provided in para-
graph (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 eligi-
ble 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 per-
sons specified in subsection (b).
(f) REMOVAL.—
(1) AUTHORITY.—Any member of the Board may
be removed from office by a majority decision of the
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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 con-
duct involving moral turpitude, or
(E) holding an office or employment or en-
gaging in an activity that disqualifies the indi-
vidual 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 tem-
pore of the Senate shall state in writing to the mem-
ber 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
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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 por-
tion 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 Mem-
bers of Congress and other employing authorities of
the legislative branch of the Federal Government re-
specting the laws made applicable to them and a pro-
gram to inform individuals of their rights under laws
applicable to the legislative branch of the Federal
Government;
(2) in carrying out the program under para-
graph (1), distribute the telephone number and ad-
dress of the Office, procedures for action under title
IV, and any other information appropriate for dis-
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tribution, 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 cov-
ered employees, and conduct seminars and other ac-
tivities designed to educate employing offices and cov-
ered 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 rea-
son for such contacts, on the number of covered em-
ployees 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 com-
plaint, 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 Govern-
mental 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
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section 402, not later than 1 year after the date of the enact-
ment 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 ap-
pointment 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 ap-
pointed no later than 90 days after the initial
appointment of the Board of Directors.
(B) QUALIFICATIONS.—The Executive Di-
rector shall be an individual with training or ex-
pertise in the application of laws referred to in
section 102(a).
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(C) DISQUALIFICATIONS.—The disqualifica-
tions in section 301(d)(2) shall apply to the ap-
pointment 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 an-
nual rate of basic pay prescribed for level V of the Ex-
ecutive 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 ap-
proval of the Board, shall appoint and may remove
a Deputy Executive Director for the Senate and a
Deputy Executive Director for the House of Rep-
resentatives. Selection and appointment of a Deputy
Executive Director shall be without regard to political
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affiliation and solely on the basis of fitness to perform
the duties of the office. The disqualifications in sec-
tion 301(d)(2) shall apply to the appointment of a
Deputy Executive Director.
(2) TERM.—The term of office of a Deputy Exec-
utive 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 pre-
scribed 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 regula-
tions 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
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shall assume such other responsibilities as may be del-
egated by the Executive Director.
(c) GENERAL COUNSEL.—
(1) IN GENERAL.—The Chair, subject to the ap-
proval 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 Execu-
tive 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 Ex-
ecutive Director in carrying out their duties and
powers, including representing the Office in any
judicial proceeding under this Act.
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(4) ATTORNEYS IN THE OFFICE OF THE GEN-
ERAL 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 pre-
vents 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
RE-
MOVAL.—In removing the General Counsel, the
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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 ap-
point, 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 mem-
bers 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 tem-
porary (not to exceed 1 year) or intermittent services of con-
sultants.
SEC. 303. PROCEDURAL RULES.
(a) IN GENERAL.—The Executive Director shall, sub-
ject to the approval of the Board, adopt rules governing the
procedures of the Office, including the procedures of hearing
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officers, which shall be submitted for publication in the Con-
gressional 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 publi-
cation 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 com-
ment period of at least 30 days after publication of a gen-
eral 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
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Executive Director as of the date on which they are pub-
lished 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 implemen-
tation of this Act, which shall include regulations the
Board is required to issue under title II (including
regulations on the appropriate application of exemp-
tions under the laws made applicable in title II) are
as prescribed in this section.
(2) RULEMAKING
PROCEDURE.—Such regula-
tions of the Board—
(A) shall be adopted, approved, and issued
in accordance with subsection (b); and
(B) shall consist of 3 separate bodies of reg-
ulations, 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.
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(b) ADOPTION BY THE BOARD.—The Board shall adopt
the regulations referred to in subsection (a)(1) in accord-
ance 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 gen-
eral notice of proposed rulemaking under section
553(b) of title 5, United States Code, but, instead of
publication of a general notice of proposed rule-
making 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 fol-
lowing 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 Di-
rector for the House of Representatives in regard to
regulations under subsection (a)(2)(B)(ii), and the
recommendations of the Executive Director for regula-
tions under subsection (a)(2)(B)(iii).
(2) COMMENT.—Before adopting regulations, the
Board shall provide a comment period of at least 30
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days after publication of a general notice of proposed
rulemaking.
(3) ADOPTION.—After considering comments, the
Board shall adopt regulations and shall transmit no-
tice of such action together with a copy of such regu-
lations to the Speaker of the House of Representatives
and the President pro tempore of the Senate for publi-
cation in the Congressional Record on the first day
on which both Houses are in session following such
transmittal.
(4) RECOMMENDATION AS TO METHOD OF AP-
PROVAL.—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 resolu-
tion, or by joint resolution.
(c) APPROVAL OF REGULATIONS.—
(1) IN
GENERAL.—Regulations referred to in
paragraph (2)(B)(i) of subsection (a) may be ap-
proved by the Senate by resolution or by the Congress
by concurrent resolution or by joint resolution. Regu-
lations referred to in paragraph (2)(B)(ii) of sub-
section (a) may be approved by the House of Rep-
resentatives by resolution or by the Congress by con-
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current resolution or by joint resolution. Regulations
referred to in paragraph (2)(B)(iii) may be approved
by Congress by concurrent resolution or by joint reso-
lution.
(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 commit-
tee 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 resolu-
tion 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 reso-
lution 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 automati-
cally discharged.
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(2) DATE OF ISSUANCE.—The date of issuance of
regulations shall be the date on which they are pub-
lished 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 sec-
tion 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 cri-
teria for dispensing with publication of such notice pursu-
ant to section 553(b)(B) of title 5, United States Code.
(f) RIGHT TO PETITION FOR RULEMAKING.—Any in-
terested party may petition to the Board for the issuance,
amendment, or repeal of a regulation.
(g) CONSULTATION.—The Executive Director, the Dep-
uty Directors, and the Board—
(1) shall consult, with regard to the development
of regulations, with—
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(A) the Chair of the Administrative Con-
ference 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 help-
ful.
SEC. 305. EXPENSES.
(a) AUTHORIZATION
OF APPROPRIATIONS.—Begin-
ning 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 ex-
penses of the House of Representatives, and
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(2) one-half of the expenses of the Office shall be
paid from funds appropriated for allowances and ex-
penses 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 ar-
rangements 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 agree-
ments for goods and services with the head of any agency,
or major organizational unit within an agency, in the legis-
lative 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 rule-
making 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 as-
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signed 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-RESOLU-
TION PROCEDURES
SEC. 401. PROCEDURE FOR CONSIDERATION OF ALLEGED
VIOLATIONS.
Except as otherwise provided, the procedure for consid-
eration 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 ei-
ther—
(A) a formal complaint and hearing as pro-
vided in section 405, subject to Board review as
provided in section 406, and judicial review in
the United States Court of Appeals for the Fed-
eral Circuit as provided in section 407, or
(B) a civil action in a district court of the
United States as provided in section 408.
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In the case of an employee of the Office of the Architect
of the Capitol or of the Capitol Police, the Executive Direc-
tor, 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 Po-
lice for resolution of the employee’s grievance for a specific
period of time, which shall not count against the time avail-
able for counseling or mediation.
SEC. 402. COUNSELING.
(a) IN GENERAL.—To commence a proceeding, a cov-
ered employee alleging a violation of a law made applicable
under part A of title II shall request counseling by the Of-
fice. 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 counsel-
ing 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.
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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 mak-
ing 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 ap-
pointed by the Executive Director after considering
recommendations by organizations composed pri-
marily of individuals experienced in adjudicating or
arbitrating personnel matters, and
(2) shall involve meetings with the parties sepa-
rately or jointly for the purpose of resolving the dis-
pute 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 addi-
tional 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 me-
diation period has ended.
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(d) INDEPENDENCE OF MEDIATION PROCESS.—No in-
dividual, who is appointed by the Executive Director to me-
diate, may conduct or aid in a hearing conducted under
section 405 with respect to the same matter or shall be sub-
ject to subpoena or any other compulsory process with re-
spect to the same matter.
SEC. 404. ELECTION OF PROCEEDING.
Not later than 90 days after a covered employee re-
ceives 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 accord-
ance 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 oc-
curred,
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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 com-
plaint, the Executive Director shall appoint an inde-
pendent hearing officer to consider the complaint and
render a decision. No Member of the House of Rep-
resentatives, 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 para-
graph (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 ad-
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judicating 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 con-
sider candidates recommended by the Federal Medi-
ation 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 addi-
tional 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 ac-
cordance with the principles and procedures set forth
in sections 554 through 557 of title 5, United States
Code.
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(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 attend-
ance of witnesses and for the production of cor-
respondence, books, papers, documents, and other
records. The attendance of witnesses and the produc-
tion of records may be required from any place with-
in 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 tes-
tify in response to a question or to produce records
in connection with a proceeding before a hearing offi-
cer, 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 com-
ply with a subpoena, the Board may authorize
the General Counsel to apply, in the name of the
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Office, to an appropriate United States district
court for an order requiring that person to ap-
pear before the hearing officer to give testimony
or produce records. The application may be
made within the judicial district where the hear-
ing is conducted or where that person is found,
resides, or transacts business. Any failure to obey
a lawful order of the district court issued pursu-
ant 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 sub-
paragraph (A) may be served in any judicial
district in which the person refusing or failing
to comply, or threatening to refuse or not to com-
ply, 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 writ-
ten 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 com-
plaint, describe the evidence in the record, contain findings
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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 deci-
sions 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 deci-
sion 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 oppor-
tunity 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;
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(2) not made consistent with required proce-
dures; or
(3) unsupported by substantial evidence.
(d) RECORD.—In making determinations under sub-
section (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 deci-
sion 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 EN-
FORCEMENT.
(a) JURISDICTION.—
(1) JUDICIAL REVIEW.—The United States Court
of Appeals for the Federal Circuit shall have jurisdic-
tion 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,
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(B) a charging individual or a respondent
before the Board who files a petition under sec-
tion 210(d)(4),
(C) the General Counsel or a respondent be-
fore the Board who files a petition under section
215(c)(5), or
(D) the General Counsel or a respondent be-
fore 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 deter-
mine 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 com-
menced 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
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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 respond-
ent, 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 partici-
pated in the proceedings before the Board under sec-
tion 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, Unit-
ed States Code, service of a petition in any proceed-
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ing in which the Office is a respondent shall be on
the General Counsel rather than on the Attorney Gen-
eral;
(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 rel-
evant questions of law and interpret constitutional and
statutory provisions. The court shall set aside a final deci-
sion 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 proce-
dures; or
(3) unsupported by substantial evidence.
(e) RECORD.—In making determinations under sub-
section (d), the court shall review the whole record, or those
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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 com-
menced under section 404 and this section by a covered em-
ployee who has completed counseling under section 402 and
mediation under section 403. A civil action may be com-
menced 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
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regulation in accordance with the provisions of subpara-
graphs (A) through (D) of section 706(2) of title 5, United
States Code, except that with respect to regulations ap-
proved 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 regula-
tion 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 provi-
sions 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 nec-
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essary and appropriate, the most relevant substantive exec-
utive agency regulation promulgated to implement the stat-
utory 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 inter-
locutory 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 waiv-
er of sovereign immunity for any other purpose, or of the
privileges of any Senator or Member of the House of Rep-
resentatives under article I, section 6, clause 1, of the Con-
stitution, or a waiver of any power of either the Senate
or the House of Representatives under the Constitution, in-
cluding under article I, section 5, clause 3, or under the
rules of either House relating to records and information
within its jurisdiction.
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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 writ-
ing 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, re-
spectively, 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 simi-
lar expenses of employing offices which are needed to com-
ply with this Act.
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(c) OSHA, ACCOMMODATION, AND ACCESS REQUIRE-
MENTS.—Funds to correct violations of section 201(a)(3),
210, or 215 of this Act may be paid only from funds appro-
priated to the employing office or entity responsible for cor-
recting such violations. There are authorized to be appro-
priated such sums as may be necessary for such funds.
SEC. 416. CONFIDENTIALITY.
(a) COUNSELING.—All counseling shall be strictly con-
fidential, 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 con-
fidential.
(c) HEARINGS AND DELIBERATIONS.—Except as pro-
vided 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
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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 pos-
session of the Office. The Executive Director shall not pro-
vide 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 re-
verses 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 en-
acted—
(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
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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 RESI-
DENCE.
(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—
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(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 ap-
pointed 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 oc-
cupied by an individual described in any of para-
graphs (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 em-
ployees for violating rules of the Senate and the House on
nondiscrimination in employment.
SEC. 504. TECHNICAL AND CONFORMING AMENDMENTS.
(a) CIVIL RIGHTS REMEDIES.—
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(1) Sections 301 and 302 of the Government Em-
ployee Rights Act of 1991 (2 U.S.C. 1201 and 1202)
are amended to read as follows:
‘‘SEC. 301. GOVERNMENT EMPLOYEE RIGHTS ACT OF 1991.
‘‘(a) SHORT TITLE.—This title may be cited as the
‘Government Employee Rights Act of 1991’.
‘‘(b) PURPOSE.—The purpose of this title is to provide
procedures to protect the rights of certain government em-
ployees, 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
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‘‘(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 oc-
curred, 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 Em-
ployment 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)
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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 pre-
pare a report for submission by the Chief Justice of the
United States to the Congress on the application to the judi-
cial 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.);
100
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(9) the Worker Adjustment and Retraining Noti-
fication 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’ employ-
ment 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 administra-
tive and judicial relief, that are comparable to those avail-
able 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 Rep-
resentatives 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 al-
101
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leged 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 Em-
ployees Rights Act of 1991 and Rule LI, and the pro-
visions 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 pro-
cedures.
(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 sec-
tions, 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 Em-
ployees 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—
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(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 Rep-
resentatives, 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 sec-
tion 408.
(3) SECTION 1205 OF THE SUPPLEMENTAL AP-
PROPRIATIONS ACT OF 1993.—With respect to pay-
ments of awards and settlements relating to Senate
employees under paragraph (1) of this subsection, sec-
tion 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 Archi-
tect 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
103
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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 proce-
dures.
(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 re-
quests for counseling or mediation under sections 402
and 403, the employee may satisfy the requirements
for counseling and mediation by exhausting the re-
quirements 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 Ac-
counting Office Personnel Appeals Board pursu-
ant 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
104
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which shall remain in effect until the completion
of all proceedings in relation to the charge, or
(B) to commence a civil action under sec-
tion 408.
(c) TRANSITION PROVISION RELATING TO MATTERS
OTHER THAN EMPLOYMENT UNDER SECTION 509 OF THE
AMERICANS WITH DISABILITIES ACT OF 1990.—With re-
spect 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 ac-
crues 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 Ad-
ministration of the Senate shall have authority to prescribe
regulations to carry out this section.
(c) DEFINITIONS.—As used in this section—