•HR 4822 RS1S
tending Physician, but not including an individ-
ual employed by the Congressional Budget Office;
(B) any applicant for a position described
in subparagraph (A) whose claim of a violation
under this Act arises out of the application; and
(C) any individual who was formerly an
employee described in subparagraph (A) and
whose claim of a violation under this Act arises
out of the employment.
(9) EMPLOYEE OF THE SENATE.—The term ‘‘em-
ployee of the Senate’’ means—
(A) any employee whose pay is disbursed by
the Secretary of the Senate, including any such
individual employed by the Capitol Police, the
Capitol Guide Service, or the Office of the At-
tending Physician;
(B) any applicant for a position that is to
be occupied by an individual described in sub-
paragraph (A) and whose claim of a violation
under this Act arises out of the application; and
(C) any individual who was formerly an
employee described in subparagraph (A) and
whose claim of a violation under this Act arises
out of the employment.
•HR 4822 RS1S
(10) EMPLOYING OFFICE.—The term ‘‘employing
office’’ means the personal office of a Member of the
House of Representatives or a Senator or any other
office under the authority of a head of an employing
office.
(11) GENERAL
COUNSEL.—The term ‘‘General
Counsel’’ means the General Counsel of the Office of
Congressional Fair Employment Practices appointed
under section 203(b).
(12) HEAD
OF
AN
EMPLOYING
OFFICE.—The
term ‘‘head of an employing office’’ means—
(A) the Member of Congress or the officer or
employee or board or other entity of the Congress
that has 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 an employee of the
Senate; and
(B) the Architect of the Capitol, the Direc-
tor of the Congressional Budget Office, the Direc-
tor of the Office of Technology Assessment, and
the Board of the Office of Congressional Fair
Employment Practices.
•HR 4822 RS1S
(13) OFFICE.—The term ‘‘Office’’ means the Of-
fice of Congressional Fair Employment Practices es-
tablished under section 201.
TITLE I—EXTENSION OF RIGHTS
AND PROTECTIONS, AND AS-
SOCIATED PROCEDURES
SEC. 
101. 
RIGHTS 
AND 
PROTECTIONS 
UNDER 
LAWS
AGAINST EMPLOYMENT DISCRIMINATION.
(a) DISCRIMINATORY PRACTICES PROHIBITED.—
(1) IN GENERAL.—All personnel actions affecting
covered employees shall, in accordance with the terms
of this section, be made free from any discrimination
based on—
(A) race, color, religion, sex, or national or-
igin, within the meaning of section 717 of the
Civil Rights Act of 1964 (42 U.S.C. 2000e–16);
(B) age, within the meaning of section 15
of the Age Discrimination in Employment Act of
1967 (29 U.S.C. 633a); or
(C) handicap or disability, within the
meaning of section 501 of the Rehabilitation Act
of 1973 (29 U.S.C. 791) and sections 102
through 104 of the Americans with Disabilities
Act of 1990 (42 U.S.C. 12112–12114).
•HR 4822 RS1S
(2) PROHIBITION
OF
INTIMIDATION
OR
RE-
PRISAL.—Any intimidation of, or reprisal against,
any covered employee because of the exercise of a right
under this section constitutes an unlawful employ-
ment practice, which may be remedied in the same
manner as is a violation of paragraph (1).
(b) AVAILABLE REMEDIES.—
(1) CIVIL RIGHTS.—The remedies for a violation
of subsection (a)(1)(A) shall be 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 (not exceed-
ing, for each complaining party, and irrespective of
the size of the employing office, the maximum amount
available under section 1977A(b)(3)(D)) of the Re-
vised Statutes (42 U.S.C. 1981a(b)(3)(D)) as would
be appropriate if awarded under section 1977 and
sections 1977(A)(a) and (b)(2) of the Revised Statutes
(42 U.S.C. 1981, 1981a (a), and (b)(2)).
(2) AGE DISCRIMINATION.—The remedies for a
violation of subsection (a)(1)(B) shall be such rem-
edies as would be appropriate if awarded under sec-
tion 15(c) of the Age Discrimination in Employment
Act of 1967 (29 U.S.C. 633a(c)).
•HR 4822 RS1S
(3) DISABILITIES
DISCRIMINATION.—The rem-
edies for a violation of subsection (a)(1)(C) shall be
such remedies as would be appropriate if awarded
under section 505(a) of the Rehabilitation Act of 1973
(29 U.S.C. 794a(a)(1)) or section 107(a) of the Amer-
icans with Disabilities Act of 1990 (42 U.S.C.
12117(a)).
(4) PUNITIVE
DAMAGES.—Punitive damages
shall not be available for a violation of subsection (a).
(c) EXCLUSIVE PROCEDURES.—No covered employee
may commence an administrative or judicial proceeding to
seek a remedy for practices prohibited under this section
except as provided in section 104.
(d) EFFECTIVE DATE.—This section shall be effective
on October 1, 1995.
SEC. 102. 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 under sections 101 through 105 of the Fam-
ily and Medical Leave Act of 1993 (29 U.S.C. 2611–
2615) shall apply, in accordance with this section,
with respect to covered employees.
•HR 4822 RS1S
(2) DEFINITIONS.—For purposes of the applica-
tion of the Family and Medical Leave Act by this sec-
tion—
(A) the term ‘‘eligible employee’’ means—
(i) any employee of the House of Rep-
resentatives who has been employed for at
least 12 months on other than a temporary
or intermittent basis by any employing of-
fice of the House of Representatives;
(ii) any employee of the Senate who
has been employed for at least 12 months on
other than a temporary or intermittent
basis by any employing office of the Senate;
and
(iii) any employee of the Architect of
the Capitol, the Congressional Budget Of-
fice, the Office of Technology Assessment, or
the Office of Congressional Fair Employ-
ment Practices, who has been employed for
at least 12 months on other than a tem-
porary or intermittent basis by the Archi-
tect of the Capitol, the Congressional Budget
Office, the Office of Technology Assessment,
or the Office of Congressional Fair Employ-
ment Practices, respectively; and
•HR 4822 RS1S
(B) the term ‘‘employer’’ means any em-
ploying office.
(b) AVAILABLE REMEDIES.—The remedies for a viola-
tion of subsection (a) shall be such remedies as would be
appropriate if awarded under paragraph (1) or (3) of sec-
tion 107(a) of the Family and Medical Leave Act of 1993
(29 U.S.C. 2617(a) (1) or (3)).
(c) EXCLUSIVE PROCEDURES.—No covered employee
may commence an administrative or judicial proceeding to
seek a remedy for a violation of the rights and protections
afforded in this section except as provided in section 104.
(d) EFFECTIVE DATE.—This section shall be effective
on October 1, 1995.
SEC. 103. RIGHTS AND PROTECTIONS UNDER THE FAIR
LABOR STANDARDS ACT.
(a) FAIR LABOR STANDARDS.—
(1) IN GENERAL.—Subject to the limitations in
section 13(a)(1) of the Fair Labor Standards Act of
1938 (29 U.S.C. 213(a)(1)), the rights and protections
established under subsections (a)(1) and (d) of section
6, section 7, and section 15(a)(3) of such Act (29
U.S.C. 206(a)(1) and (d), 207, 215(a)(3)) shall apply,
in accordance with this section, with respect to cov-
ered employees.
•HR 4822 RS1S
(2) VOLUNTEER SERVICES EXCEPTED.—For the
purposes of this section, the term ‘‘employee’’ does not
include any individual who volunteers to perform
services under the same conditions as would exclude
an individual who volunteers to perform services for
a State, a political subdivision of a State, or an
interstate 
governmental 
agency 
under 
section
3(e)(4)(A) of the Fair Labor Standards Act of 1938
(29 U.S.C. 203(e)(4)(A)).
(3) COMPENSATORY
TIME
ALLOWED.—Covered
employees may receive compensatory time off instead
of overtime compensation in the same manner and to
the same extent as employees of a State, a political
subdivision of a State, or an interstate governmental
agency, pursuant to section 7(o) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 207(o)).
(b) AVAILABLE REMEDIES.—The remedies for a viola-
tion of subsection (a) shall be such remedies 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) EXCLUSIVE PROCEDURES.—No covered employee
may commence an administrative or judicial proceeding to
seek a remedy for a violation of the rights and protections
afforded in this section except as provided in section 104.
(d) RULES TO IMPLEMENT SECTION.—
•HR 4822 RS1S
(1) IN GENERAL.—Not later than January 3,
1996, the Board shall, pursuant to section 204, issue
rules necessary to implement the rights and protec-
tions under this section.
(2) CONSISTENCY WITH AGENCY REGULATIONS.—
The rules promulgated under paragraph (1) shall be
consistent with substantive regulations promulgated
by the Secretary of Labor to implement the statutory
provisions referred to in subsections (a) and (b) ex-
cept insofar as the Board may determine, for good
cause shown and stated together with the rule, that a
different rule would serve the purposes of such statu-
tory provisions and of this Act.
(e) EFFECTIVE DATES.—Subsections (a) through (c)
shall be effective on the effective date of the rules issued
under subsection (d) or on July 1, 1996, whichever is ear-
lier.
SEC. 104. PROCEDURES FOR REMEDY OF EMPLOYMENT DIS-
CRIMINATION, FAMILY AND MEDICAL LEAVE,
AND FAIR LABOR STANDARDS VIOLATIONS.
The exclusive procedures for remedy of violations of
sections 101, 102, and 103 shall be as follows:
(1) COUNSELING.—Any covered employee alleg-
ing a violation of sections 101, 102, or 103 may re-
quest counseling by the Office. Such counseling shall
•HR 4822 RS1S
be conducted pursuant to the provisions of section 301
and shall be requested within the time specified in
section 307.
(2) MEDIATION.—Not later than 15 days after
the Office gives notification to an employee pursuant
to section 301(d) of the end of the period of counseling
under paragraph (1), the employee may file a request
for mediation with the Office. On the filing of such
a request, the Office shall conduct mediation in ac-
cordance with section 302.
(3) CHOICE OF ADJUDICATORY PROCEEDING.—
Not later than 90 days after receiving notice given by
the Office pursuant to section 302(f), but not sooner
than 30 days after receipt of such notice, an employee
may either—
(A) file a formal complaint with the Office
in accordance with section 303; or
(B) file a civil action in the United States
district court for the district in which the em-
ployee is employed or for the District of Colum-
bia, subject to the provisions of section 306.
(4) APPEAL
TO
THE
BOARD.—Any party ag-
grieved by a final decision of the hearing officer with
respect to a formal complaint filed with the Office
•HR 4822 RS1S
pursuant to paragraph (3)(A) may appeal to the
Board pursuant to section 304.
(5) JUDICIAL REVIEW.—Any party aggrieved by
a final decision of the Board under paragraph (4)
may file a petition for review in the United States
Court of Appeals for the Federal Circuit pursuant to
section 305.
SEC. 105. RIGHTS AND PROTECTIONS UNDER TITLE II OF
THE AMERICANS WITH DISABILITIES ACT;
PROCEDURES FOR REMEDY OF VIOLATIONS.
(a) ENTITIES SUBJECT TO THIS SECTION.—Each of—
(1) the Senate;
(2) the House of Representatives;
(3) each joint committee of the Congress;
(4) the Architect of the Capitol (including as
manager of the Senate Restaurants and the Botanic
Garden);
(5) the Capitol Guide Service;
(6) the Capitol Police;
(7) the Congressional Budget Office;
(8) the Office of Technology Assessment; and
(9) the Office of Congressional Fair Employment
Practices;
shall be subject to the requirements of this section.
(b) DISCRIMINATION IN PUBLIC SERVICES.—
•HR 4822 RS1S
name the Architect of the Capitol in the complaint.
The complaint shall be submitted to a hearing officer
for decision pursuant to section 303, subject to review
by the Board pursuant to section 304.
(4) JUDICIAL REVIEW.—Any party aggrieved by
a final decision of the Board under paragraph (3)
may file a petition for review in the United States
Court of Appeals for the Federal Circuit, pursuant to
section 305.
(5) EXCLUSIVE PROCEDURES.—No person may
commence an administrative or judicial proceeding to
seek a remedy for violation of the rights and protec-
tions afforded in this section except as provided in
this subsection.
(e) RULES TO IMPLEMENT SECTION.—
(1) IN GENERAL.—Not later than January 3,
1996, the Board shall, pursuant to section 204, issue
rules necessary to implement the rights and protec-
tions under this section.
(2) CONSISTENCY WITH AGENCY REGULATIONS.—
The rules promulgated under paragraph (1) shall be
consistent with substantive regulations promulgated
by the Attorney General and the Secretary of Trans-
portation to implement the statutory provisions re-
ferred to in subsections (b) and (c) except to the extent
•HR 4822 RS1S
that the Board may determine, for good cause shown
and stated together with the rule, that a different rule
would serve the purposes of such statutory provisions
and of this Act.
(f) EFFECTIVE DATES.—Subsections (b), (c), and (d)
shall be effective on the effective date of the rules issued
under subsection (e) or on July 1, 1996, whichever is ear-
lier.
(g) INSPECTION; REPORT TO CONGRESS.—
(1) INSPECTION.—On a regular basis, and at
least once each Congress, the General Counsel shall in-
spect the facilities of Congress and of congressional
instrumentalities listed in subsection (a) to ensure
compliance with subsection (b).
(2) REPORT.—On the basis of these inspections,
the General Counsel shall, at least once every Con-
gress, prepare and submit a report to the Speaker of
the House of Representatives and the President pro
tempore of the Senate containing the results of the in-
spection and describing any steps that need to be
taken to comply fully with this section.
(3) DETAILS.—The Attorney General, the Sec-
retary of Transportation, and the Architectural and
Transportation Barriers Compliance Board shall, on
request of the Office, detail to the Office such person-
•HR 4822 RS1S
nel as may be necessary to advise and assist the Of-
fice in carrying out its duties under this section.
SEC. 106. 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.—Each employing office and each covered employee
(and representatives of such employee) shall comply with
provisions of section 5 of the Occupational Safety and
Health Act of 1970 (29 U.S.C. 654). The duties, rights, and
protections of sections 8, 9, and 11(c) of the Occupational
Safety and Health Act of 1970 (29 U.S.C. 657, 658 and
660(c)) shall apply with respect to each employing office
and each covered employee (and representatives of such em-
ployee). For purposes of the application under this section
of the Occupational Safety and Health Act of 1970, the term
‘‘employer’’ as used in such Act or in this section means
any employing office and the term ‘‘employee’’ means any
covered employee.
(b) AVAILABLE REMEDIES.—The remedies for a viola-
tion of subsection (a) shall be such remedies, except pen-
alties, as would be appropriate if awarded under sections
9(a), 10(c), and 11(c)(2) of the Occupational Safety and
Health Act of 1970 (29 U.S.C. 658(a), 659(c), and
660(c)(2)).
•HR 4822 RS1S
(c) AVAILABLE PROCEDURES.—
(1) INSPECTIONS, INVESTIGATIONS; AUTHORITIES
OF THE GENERAL COUNSEL.—For purposes of this
section and except as otherwise provided in this sec-
tion, the General Counsel shall exercise the authorities
granted to the Secretary of Labor by subsections (a)
and (f) of section 8 of the Occupational Safety and
Health Act of 1970 (29 U.S.C. 657 (a) and (f)) to in-
spect and investigate places of employment under the
jurisdiction of employers. Employees or representa-
tives of employees may submit written requests to the
General Counsel to conduct an inspection.
(2) CITATIONS, NOTICES, NOTIFICATIONS; AU-
THORITIES
OF
THE
GENERAL
COUNSEL.—For pur-
poses of this section and except as otherwise provided
in this section, the General Counsel shall exercise the
authorities granted to the Secretary of Labor in sec-
tions 9 and 10 of the Occupational Safety and Health
Act of 1970 (29 U.S.C. 658, and 659), to issue—
(A) a citation or notice to any employer
that the General Counsel believes has violated
subsection (a); or
(B) a notification to any employer that the
General Counsel has reason to believe has failed
to correct a violation for which a citation has
•HR 4822 RS1S
been issued within the period permitted for its
correction.
If the General Counsel believes that remedy of a viola-
tion requires action by the Architect of the Capitol,
the General Counsel shall also name the Architect of
the Capitol in the citation, notice, or notification.
(3) HEARINGS, REVIEW; AUTHORITIES OF THE
BOARD.—For purposes of this section and except as
otherwise provided in this section, the Board shall ex-
ercise the authorities granted to the Occupational
Safety and Health Review Commission in section
10(c) of the Occupational Safety and Health Act of
1970 (29 U.S.C. 659(c)) and to the Secretary of
Labor (with respect to affirming or modifying abate-
ment requirements), to hear objections and requests
with respect to citations and notifications. The Board
shall refer disputed matters under this paragraph to
a hearing officer pursuant to section 303, subject to
review by the Board pursuant to section 304.
(4) VARIANCE PROCEDURES.—For the purposes
of this section and except as otherwise provided by
this section, the Board shall exercise the authorities
granted to the Secretary of Labor in section 6(b)(6)
of the Occupational Safety and Health Act of 1970
(29 U.S.C. 655(b)(6)) to act on any request by an em-
•HR 4822 RS1S
ployer applying for a temporary order granting a
variance from a standard or any provision thereof is-
sued under subsection (d). The Board may refer the
matter to a hearing officer pursuant to section 303,
subject to review by the Board pursuant to section
304.
(5) PROCEDURES REGARDING CLAIMS OF INTIMI-
DATION
OR
REPRISAL; AUTHORITIES
OF
GENERAL
COUNSEL.—For purposes of this section and except as
provided in this section, the General Counsel shall ex-
ercise the authorities granted to the Secretary of
Labor in section 11(c) of the Occupational Safety and
Health Act of 1970 (29 U.S.C. 660(c)) to act, in the
manner described in this paragraph, on complaints
alleging discrimination for the exercise of rights
under this section. Any employee who believes that he
or she has been discharged or otherwise discriminated
against in violation of section 11(c) of such Act, as
made applicable by this section, may, within 30 days
after such violation occurs, file a complaint with the
Office alleging such discrimination. The General
Counsel shall investigate the complaint. If, upon in-
vestigation, the General Counsel believes that a viola-
tion of section 11(c) of such Act may have occurred,
the General Counsel shall request mediation under
•HR 4822 RS1S
section 302 between the employee and the employer
that is alleged to have committed the violation. If the
General Counsel determines that a violation has oc-
curred and if mediation under the preceding sentence
has not succeeded in resolving the dispute, the General
Counsel shall file with the Office a complaint against
the employer. The complaint shall be submitted to a
hearing officer for decision pursuant to section 303,
subject to review by the Board pursuant to section
304. Any party aggrieved by a final decision of the
Board under this paragraph may file a petition for
review with the United States Court of Appeals for
the Federal Circuit, pursuant to section 305.
(6) EXCLUSIVE PROCEDURES.—No covered em-
ployee or representative of such employees may com-
mence any administrative or judicial proceeding to
seek a remedy for a violation of the rights and protec-
tions afforded in this section except as provided in
this subsection.
(d) RULES TO IMPLEMENT SECTION.—
(1) IN GENERAL.—Not later than January 3,
1996, the Board shall, pursuant to section 204, issue
rules necessary to implement the rights and protec-
tions under this section.
•HR 4822 RS1S
(2) CONSISTENCY WITH AGENCY REGULATIONS.—
The rules promulgated under paragraph (1) shall be
consistent with standards and other substantive regu-
lations promulgated by the Secretary of Labor to im-
plement the statutory provisions referred to in sub-
sections (a) and (b) except to the extent that the
Board may determine, for good cause shown and stat-
ed together with the rule, that a different rule would
serve the purposes of such statutory provisions and of
this Act.
(e) EFFECTIVE DATES.—Subsections (a) through (c)
shall be effective on the effective date of the rules issued
under subsection (d) or on July 1, 1996, whichever is ear-
lier.
(f) INSPECTION; REPORT TO CONGRESS.—
(1) INSPECTIONS.—On a regular basis, and at
least once each Congress, the General Counsel shall in-
spect the facilities of the House of Representatives, the
Senate, the Architect of the Capitol, the Congressional
Budget Office, the Office of Technology Assessment,
and the Office of Congressional Fair Employment
Practices to ensure compliance with subsection (a).
(2) REPORT.—On the basis of these inspections,
the General Counsel shall, at least once every Con-
gress, prepare and submit a report to the Speaker of
•HR 4822 RS1S
the House of Representatives and the President pro
tempore of the Senate containing the results of the in-
spection and describing any steps that need to be
taken to comply fully with this section.
(3) DETAILS.—The Secretary of Labor shall, on
request of the Office, detail to the Office such person-
nel as may be necessary to advise and assist the Of-
fice in carrying out its duties under this section.
SEC. 107. APPLICATION OF FEDERAL SERVICE LABOR-MAN-
AGEMENT 
RELATIONS 
STATUTE; 
PROCE-
DURES 
FOR 
IMPLEMENTATION 
AND 
EN-
FORCEMENT.
(a) LABOR-MANAGEMENT RIGHTS.—The rights, pro-
tections, and responsibilities established under sections
7102, 7103, 7106, 7111 through 7117, and 7119 through
7122 of title 5, United States Code, shall apply, pursuant
to this section, to employing offices and to covered employ-
ees and representatives of those employees. For purposes of
the application under this section of chapter 71, United
States Code, the term ‘‘agency’’ shall be deemed to include
an employing office.
(b) AUTHORITIES AND PROCEDURES FOR IMPLEMEN-
TATION AND ENFORCEMENT.—
(1) GENERAL AUTHORITIES OF THE BOARD; PE-
TITIONS.—For purposes of this section and except as
•HR 4822 RS1S
otherwise provided in this section, the Board shall ex-
ercise the authorities of the Federal Labor Relations
Authority under sections 7105, 7111 through 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 may refer any matter under
this paragraph to a hearing officer for decision pur-
suant to section 303, subject to review by the Board
pursuant to section 304. The Board may direct that
the General Counsel carry out the Board’s investiga-
tive 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-
sion that, under chapter 71 of title 5, United States
•HR 4822 RS1S
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, the General
Counsel shall investigate the charge and may issue a
complaint. The complaint shall be submitted to a
hearing officer for decision pursuant to section 303,
subject to review by the Board pursuant to section
304.
(3) EXERCISE OF IMPASSES PANEL AUTHORITY;
REQUESTS.—For purposes of this section and except
as otherwise provided in this section, the Board shall
exercise the authorities of the Federal Service 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 Director
shall appoint a mediator or mediators to perform the
functions of the Federal Service Impasses Panel under
section 7119 of title 5, United States Code.
•HR 4822 RS1S
(4) JUDICIAL REVIEW.—Except for matters re-
ferred to in paragraphs (1) and (2) of section 7123(a)
of title 5, United States Code, any party aggrieved by
a final decision of the Board pursuant to this section
may file a petition for judicial review in the United
States Court of Appeals for the Federal Circuit pur-
suant to section 305.
(5) EXCLUSIVE PROCEDURES.—No covered em-
ployee or representative of such employees may com-
mence an administrative or judicial proceeding to
seek a remedy for any violation of or to enforce any
rights and protections provided by this section except
as provided in this subsection.
(c) RULES TO IMPLEMENT SECTION.—
(1) IN GENERAL.—Not later than January 3,
1996, except with respect to the offices listed in sub-
section (d)(2), the Board shall pursuant to section
204, issue rules necessary to implement the rights and
protections under this section.
(2) CONSISTENCY WITH AGENCY REGULATIONS.—
The rules promulgated under paragraph (1) shall be
consistent with substantive regulations promulgated
by the Federal Labor Relations Authority to imple-
ment the statutory provisions referred to in subsection
(a) except to the extent that as the Board may deter-
•HR 4822 RS1S
mine, for good cause shown and stated together with
the rule, that a different rule would serve the purposes
of such statutory provisions and of this Act.
(d) RULEMAKING REGARDING APPLICATION TO CER-
TAIN OFFICES AND INSTRUMENTALITIES OF CONGRESS.—
(1) RULES REQUIRED.—Not later than July 1,
1996, the Board shall issue substantive rules pursuant
to section 204(c) on the manner and extent to which
the requirements and exemptions of chapter 71 of title
5, United States Code, should apply to covered em-
ployees who are employed in the offices listed in para-
graph (2). In issuing such regulations, the Board
shall, to the greatest extent practicable, be consistent
with the provisions and purposes of chapter 71 of title
5, United States Code, and regulations issued by the
Federal Labor Relations Authority under such chap-
ter, and the purposes of this Act, and shall also con-
sider—
(A) the possibility of any conflict of interest
or appearance of a conflict of interest;
(B) national security; and
(C) Congress’s constitutional responsibil-
ities.
(2) OFFICES REFERRED TO.—The offices referred
to in paragraph (1) are—
•HR 4822 RS1S
(2) COMPENSATION.—The Chair may fix the
compensation of the Director. The rate of pay for the
Director may not exceed the annual rate of basic pay
prescribed for level V of the Executive Schedule under
section 5316 of title 5, United States Code.
(3) DUTIES.—The Director shall serve as the
chief operating officer of the Office. Except as other-
wise specified in this Act, the Director shall carry out
all of the responsibilities of the Office under this Act.
(b) GENERAL COUNSEL.—
(1) IN GENERAL.—The Chair, subject to the ap-
proval of the Board, shall appoint and may remove
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. No person described in sub-
paragraph (A) or (B) of section 202(c)(3) may be ap-
pointed 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—