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joint resolution is agreed to or disagreed to is not in
order.
(5) MOTION TO SUSPEND APPLICATION.—No mo-
tion to suspend the application of this section shall be
in order, nor shall it be in order for the Presiding Of-
ficer to entertain a request to suspend the application
of this section by unanimous consent.
(6) RULINGS OF THE CHAIR ON PROCEDURE.—
Appeals from the decisions of the Chair relating to the
application of the rules of the Senate or the House of
Representatives, as the case may be, to the procedure
relating to a joint resolution described in subsection
(a) shall be decided without debate.
(e) 
COORDINATION
WITH
ACTION
BY
OTHER
HOUSE.—If, before one House passes a joint resolution de-
scribed in subsection (a), that House receives from the other
House a joint resolution or bill with identical text after the
resolving or enacting clause, then the following procedures
shall apply:
(1) The joint resolution or bill of the other House
shall not be referred to a committee and shall be
deemed to have been read three times.
(2) With respect to the joint resolution described
in subsection (a) of the House that received the joint
resolution from the other House—
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(A) the procedure shall be the same as if no
joint resolution had been received from the other
House; except
(B) the vote on final passage shall be on the
joint resolution or bill of the other House.
(f) NUMBERS OF DAYS.—For purposes of this section,
in computing a number of calendar days in either House,
there shall be excluded any day on which that House was
not in session.
SEC. 402. EXERCISE OF RULEMAKING POWERS.
The provisions of sections 204 and 401, and the provi-
sions of any rules issued by the Board under sections 204(a)
and 204(b) are issued—
(1) as an exercise of the rulemaking power of the
House of Representatives and the Senate, respectively,
and as such they shall be considered as part of the
rules of such House, respectively, and such rules shall
supersede other rules only to the extent that they are
inconsistent therewith; and
(2) with full recognition of the constitutional
right of either House to change such rules (so far as
relating to such House) at any time, in the same
manner, and to the same extent as in the case of any
other rule of each House.
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SEC. 403. SETTLEMENT AND AWARDS RESERVES; AUTHOR-
IZATION OF APPROPRIATIONS.
(a) FOR THE HOUSE OF REPRESENTATIVES.—
(1) ESTABLISHMENT OF ACCOUNT.—There is es-
tablished in the Contingent Fund of the House of
Representatives a ‘‘Settlements and Awards Reserve’’
appropriation account—
(A) into which shall be deposited appro-
priated funds and amounts transferred by the
Clerk of the House of Representatives from funds
available to the Clerk for disbursement by the
Clerk; and
(B) that shall be available as provided in
paragraph (2).
(2) PAYMENTS.—The appropriation account es-
tablished by paragraph (1) shall be available for the
payment of awards under sections 303 through 306
and agreements under section 308.
(b) FOR THE SENATE.—
(1) ESTABLISHMENT OF ACCOUNT.—There is es-
tablished in the Contingent Fund of the Senate a
‘‘Settlements and Awards Reserve’’ appropriation ac-
count—
(A) into which shall be deposited appro-
priated funds and amounts transferred by the
Secretary of the Senate from funds available to
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the Secretary for disbursement by the Secretary;
and
(B) that shall be available as provided in
paragraph (2).
(2) PAYMENTS.—The appropriation account es-
tablished by paragraph (1) shall be available for the
payment of awards under sections 303 through 306
and agreements under section 308.
(c) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated such sums as are necessary
for the purposes of subsections (a)(2) and (b)(2), and other-
wise for the purposes of payment of awards under sections
303 through 306 and agreements under section 308. Awards
and agreements shall be paid out of such appropriations
and out of any amounts otherwise available to heads of em-
ploying offices, or other offices liable or potentially liable
under this Act, for disbursement by them. No amounts shall
be paid for awards or agreements under this Act out of the
Claims and Judgment Fund of the Treasury.
SEC. 404. OTHER JUDICIAL REVIEW PROHIBITED.
Except in proceedings expressly authorized by sections
305 and 306, the compliance or noncompliance with the
provisions of this Act and any action taken pursuant to
this Act shall not be subject to judicial review.
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SEC. 405. SEVERABILITY.
If any provision of this Act or the application of such
provision to any person or circumstance is held to be in-
valid, the remainder of this Act and the application of the
provisions of such to any person or circumstance shall not
be affected thereby.
SEC. 406. POLITICAL AFFILIATION AND PLACE OF RESI-
DENCE.
(a) IN GENERAL.—It shall not be a violation of any
provision of section 101 to consider the—
(1) party affiliation;
(2) domicile; or
(3) political compatibility with the employing
office;
of an employee referred to in subsection (b) with respect
to employment decisions.
(b) DEFINITION.—For purposes of subsection (a), the
term ‘‘employee’’ means—
(1) an employee on the staff of the leadership of
the House of Representatives or the leadership of the
Senate;
(2) an employee on the staff of a committee or
subcommittee of—
(A) the House of Representatives;
(B) the Senate; or
(C) a joint committee of the Congress;
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(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. 407. 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. 408. REPORTS OF CONGRESSIONAL COMMITTEES.
Each report accompanying a bill or joint resolution
of a public character reported by a committee of the House
of Representatives or the Senate (except the Committee on
Appropriations and the Committee on the Budget of either
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House) shall contain a listing of the provisions of the bill
or joint resolution that apply to the Congress or to congres-
sional instrumentalities and an evaluation of the impact
of such provisions on the Congress or congressional instru-
mentalities, and, in the case of a provision not applicable
to the Congress or to congressional instrumentalities, a
statement of the reasons the provision does not apply.
SEC. 409. TECHNICAL AND CONFORMING AMENDMENTS.
(a) CIVIL RIGHTS REMEDIES.—
(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.
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‘‘SEC. 302. DISCRIMINATORY PRACTICES PROHIBITED.
‘‘(a) PRACTICES.—All personnel actions affecting the
appointees described in section 303(a)(1) or the individuals
described in section 304(a) shall be made free from any dis-
crimination based on—
‘‘(1) race, color, religion, sex, or national origin,
within the meaning of section 717 of the Civil Rights
Act of 1964 (42 U.S.C. 2000e–16);
‘‘(2) age, within the meaning of section 15 of the
Age Discrimination in Employment Act of 1967 (29
U.S.C. 633a); or
‘‘(3) 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.
12112–14).
‘‘(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) has occurred,
such remedies as would be appropriate if awarded
under sections 706(g), 706(k), and 717(d) of the Civil
Rights Act of 1964 (42 U.S.C. 2000e–5(g), 2000e–
5(k), 2000e–16(d)), and such compensatory damages
(not exceeding, for each complaining party, and irre-
spective of the size of the employing office or agency
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involved, the maximum amount available under sec-
tion 1977A(b)(3)(D) of the Revised 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
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));
‘‘(3) may include, in the case of a determination
that a violation of subsection (a)(3) has occurred,
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 of the Ameri-
cans with Disabilities Act of 1990 (42 U.S.C.
12117(a)); and
‘‘(4) may not include punitive damages.’’.
(2) Sections 303 through 319, and sections 322,
324, and 325 of the Civil Rights Act of 1991 (2
U.S.C. 1203—1218, 1221, 1223, and 1224) are re-
pealed.
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(3) Sections 320 and 321 of the Civil Rights Act
of 1991 (2 U.S.C. 1219 and 1220) are redesignated as
sections 303 and 304, respectively.
(4) Sections 303 and 304 of the Civil Rights Act
of 1991, as so redesignated, are each amended by
striking ‘‘and 307(h) of this title’’.
(5) Section 1205 of the Supplemental Appropria-
tions Act of 1993 (2 U.S.C. 1207a) is repealed.
(6) Senate Resolution 139, 103d Congress, agreed
to August 4, 1993, is repealed.
(b) FAMILY AND MEDICAL LEAVE ACT OF 1993.—Sec-
tion 501 of the Family and Medical Leave Act of 1993 (2
U.S.C. 60m) is repealed.
(c) ARCHITECT OF THE CAPITOL HUMAN RESOURCES
ACT.—Section 312(e) of the Architect of the Capitol Human
Resources Act, Public Law 103–283; 108 Stat. 1444, is re-
pealed.
(d) APPLICATION.—On the date on which sections 101
and 102 go into effect, the authority of sections 303 through
319, and sections 322, 324, and 325 of the Civil Rights Act
of 1991, section 501 of the Family and Medical Leave Act
of 1993, section 1205 of the Supplemental Appropriations
Act of 1993, and Senate Resolution 139, 103d Congress,
agreed to August 4, 1993, shall terminate with respect to
employees and employing offices.
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SEC. 410. SAVINGS PROVISION.
If, on the date this title takes effect, a covered employee
has commenced proceedings under section 305 of the Gov-
ernment Employees Rights Act 1991 (2 U.S.C. 1205), rule
LI of the Rules of the House of Representatives, or sub-
section 312(e)(3) of the Architect of the Capitol Human Re-
sources Act (P.L. 103–283, 108 Stat. 1444), may continue
with those proceedings until the conclusion of all proceed-
ings authorized under such act or rule.
Amend the title so as to read: ‘‘An Act to provide
for the application of certain employment protection laws
to Congress, and for other purposes.’’
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