Congressional Accountability Act of 1995
PL 104-1 (S.2), enacted 01/23/1995

PUBLIC LAW 104-1-^AN. 23, 1995 
109 STAT. 3 
Public Law 104-1 
104th Congress 
An Act 
To make certain laws applicable to the legislative branch of the Federal Government. 
Be it enacted by the Senate and House of Representatives of 
the United States of 
America in Congress assembled, 
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. 
(a) SHORT TITLE.—^This Act may be cited as the "Congressional 
Accountability Act of 1995". 
(b) TABLE OF CONTENTS.—The table of contents for this Act 
is as follows: 
Sec. 
Sec. 
Sec. 
1. Short title and table of contents. 
TITLE I—GENERAL 
101. Definitions. 
102. Application of laws. 
TITLE n—EXTENSION OF RIGHTS AND PROTECTIONS 
PAHT A—EMPLOYMENT DISCRIMINATION, FAMILY AND MEDICAL LEAVE, FAIR LABOR 
STANDARDS, EMPLOYEE POLYGRAPH PROTECTION, WORKER ADJUSTMENT AND RE-
TRAINING, EMPLOYMENT AND REEMPLOYMENT OF VETERANS, AND INTIMIDATION 
Sec. 201. Rights and protections under title VII of the Civil Rights Act of 1964, the 
Ape Discrimination in Employment Act of 1967, the Rehabilitation Act 
of 1973, and title I of the Americans with Disabilities Act of 1990. 
Sec. 202. Rights and protections under the Family and Medical Leave Act of 1993. 
Sec. 203. Rights and protections under the Fair Labor Standards Act of 1938. 
Sec. 204. Rights and protections under the Employee Polygraph Protection Act of 
1988. 
Sec. 205. Rights and protections under the Worker Adjustment and Retraining No-
tification Act. 
Sec. 206. Rights and protections relating to veterans' employment and reemploy-
ment. 
Sec. 207. Prohibition of intimidation or reprisal. 
PART B—PUBUC 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 Fed-
eral service labor-management relations; procedures for remedy of viola-
tions. 
PARTE—GENERAL 
Sec. 225. Generally applicable remedies and limitations. 
Jan. 23, 1995 
[S.2] 
Congressional 
Accountability 
Act of 1995. 
2 u s e 1301 note. 
109 STAT. 4 
PUBLIC LAW 104^1-JAN. 23, 1995 
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. Ofilcers, staff, and other personnel. 
Sec. 303. Procedural rules. 
Sec. 304. Substantive regulations. 
Sec. 305. Expenses. 
TITLE IV—ADMINISTRATIVE AND JUDICIAL DISPUTE-RESOLUTION 
PROCEDURES 
Sec. 401. Procedure for consideration of alleged violations. 
Sec. 402. Counseling. 
Sec. 403. Mediation. 
Sec. 404. Election of proceeding. 
Sec. 405. Complaint and hearing. 
Sec. 406. Appeal to the Board. 
Sec. 407. Judicial review of Board decisions and enforcement 
Sec. 408. Civil action. 
Sec. 409. Judicial review of regulations. 
Sec. 410. Other judicial review prohibited. 
Sec. 411. Effect of failure to issue regulations. 
Sec. 412. Expedited review of certain appeals. 
Sec. 413. Privileges and immunities. 
Sec. 414. Settlement of complaints. 
Sec. 415. Payments. 
Sec. 416. Confidentiality. 
TITLE V—MISCELLANEOUS PROVISIONS 
Sec. 501. Exercise of rulemaking powers. 
Sec. 502. Political affiliation and place of residence. 
Sec. 503. Nondiscrimination rules of the House and Senate. 
Sec. 504. Technical and conforming amendments. 
Sec. 505. Judicial branch coverage study. 
Sec. 506. Savings provisions. 
Sec. 507. Use oi frequent flyer miles. 
Sec. 508. Sense of Senate regarding adoption of simplified and streamlined acquisi-
tion procedures for Senate acquisitions. 
Sec. 509. Severability. 
TITLE I—GENERAL 
2 u s e 1301. 
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 Direc-
tors of the Office of Compliance. 
(2) CHAIR.—^The term "Chair" means the Chair of the Board 
of Directors of the Office of Compliance. 
(3) COVERED EMPLOYEE.—^The term "covered employee" 
means any employee of— 
(A) the House of Representatives; 
(B) the Senate; 
(C) the Capitol Guide Service; 
(D) the Capitol Police; 
(E) the Congressional Budget Office; 
(F) the Office of the Architect of the Capitol; 
(G) the Office of the Attending Physician; 
(H) the Office of Compliance; or 
(I) the Office of Technology Assessment. 
(4) EMPLOYEE.—^The term "employee" includes an applicant 
for employment and a former employee. 
PUBLIC LAW 104-1—JAN. 23, 1995 
109 STAT. 5 
(5) EMPLOYEE OF THE OFFICE OF THE ARCHITECT OF THE 
CAPITOL.—The term "employee of the Office of the Architect 
of the Capitol" includes any employee of the Office of the 
Architect of the Capitol, the Botanic Garden, or the Senate 
Restaurants. 
(6) 
EMPLOYEE 
OF 
THE 
CAPITOL 
POLICE.—^The 
term 
"employee of the Capitol Police" includes any member or officer 
of the Capitol Police. 
(7) EMPLOYEE OF THE HOUSE OF REPRESENTATIVES.—The 
term "employee of the House of Representatives" includes an 
individual occupying a position the pay for which is disbursed 
by the Clerk of the House of Representatives, or another official 
designated by the House of Representatives, or any employment 
position in an entity that is paid with funds derived from 
the clerk-hire allowance of the House of Representatives but 
not any such individual employed by any entity listed in sub-
paragraphs (C) through (I) of paragraph (3). 
(8) EMPLOYEE OF THE SENATE.—^The term "employee of 
the Senate" includes any employee whose pay is disbursed 
by the Secretary of the Senate, but not any such individual 
employed by any entity listed in subparagraphs (C) through 
(I) of paragraph (3). 
(9) 
EMPLOYING 
OFFICE.—^The term "employing 
office" 
means— 
(A) the personal office of a Member of the House of 
Representatives or of a Senator; 
(B) a committee of the House of Representatives or 
the Senate or a joint committee; 
(C) any other office headed by a person with the final 
authority to appoint, hire, discharge, and set the terms, 
conditions, or privileges of the employment of an employee 
of the House of Representatives or the Senate; or 
(D) the Capitol Guide Board, the Capitol Police Board, 
the Congressional Budget Office, the Office of the Architect 
of the Capitol, the Office of the Attending Physician, the 
Office of Compliance, and the Office of Technology Assess-
ment. 
(10) EXECUTIVE DIRECTOR.—^The term "Executive Director" 
means the Executive Director of the Office of Compliance. 
(11) GENERAL COUNSEL.—^The term "General Counsel" 
means the General Counsel of the Office of Compliance. 
(12) OFFICE.—The term "Office" means the Office of Compli-
ance. 
SEC. 102. APPLICATION OF LAWS. 
2USC1302. 
(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.). 
109 STAT. 6 
PUBLIC LAW 104-1-JAN. 23, 1995 
Congressional 
Record, 
publication. 
(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-manage-
ment relations) of title 5, United States Code. 
(8) The Employee Polygraph Protection Act of 1988 (29 
U.S.C. 2001 et seq.). 
(9) The Worker Adjustment and Retraining Notification 
Act (29 U.S.C. 2101 et seq.). 
(10) The Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.). 
(11) Chapter 43 (relating to veterans' employment and 
reemployment) of title 38, United States Code. 
(b) LAWS WHICH MAY B E MADE APPLICABLE.— 
(1) IN GENERAL.—^The Board shall review provisions of Fed-
eral law (including regulations) relating to (A) the terms and 
conditions of employment (including hiring, promotion, demo-
tion, termination, salary, wages, overtime compensation, bene-
fits, 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 accommodations. 
(2) BOARD REPORT.—Beginning on December 31, 1996, and 
every 2 years thereafi;er, the Board shall report on (A) whether 
or to what degree the provisions described in paragraph (1) 
are applicable or inapplicable to the legislative branch, and 
(B) with respect to provisions inapplicable to the legislative 
branch, whether such provisions should be made applicable 
to the legislative branch. The presiding officers of the House 
of Representatives and the Senate shall cause each such report 
to be printed in the Congressional Record and each such report 
shall be referred to the committees of the House of Representa-
tives and the Senate with jurisdiction. 
(3) REPORTS OF CONGRESSIONAL COMMITTEES.—Each report 
accompanying any bill or joint resolution relating to terms 
and conditions of emplojonent or access to public services or 
accommodations reported by a committee of the House of Rep-
resentatives or the Senate shall— 
(A) describe the manner in which the provisions of 
the bill or joint resolution apply to the legislative branch; 
or 
(B) in the case of a provision not applicable to the 
legislative branch, include a statement of the reasons the 
provision does not apply. 
On the objection of any Member, it shall not be in order 
for the Senate or the House of Representatives to consider 
any such bill or joint resolution if the report of the committee 
on such bill or joint resolution does not comply with the provi-
sions of this paragraph. This paragraph may be waived in 
either House by majority vote of that House. 
PUBLIC LAW 104-1-JAN. 23, 1995 
109 STAT. 7 
TITLE II—EXTENSION OF RIGHTS AND 
PROTECTIONS 
PART 
A—EMPLOYMENT 
DISCRIMINATION, 
FAMILY AND MEDICAL LEAVE, FAIR LABOR 
STANDARDS, EMPLOYEE POLYGRAPH PRO-
TECTION, WORKER ADJUSTMENT AND RE-
TRAINING, EMPLOYMENT AND REEMPLOY-
MENT OF VETERANS, AND INTIMIDATION 
SEC. 201. RIGHTS AND PROTECTIONS UNDER TITLE VII OF THE CIVIL 2 USC 1311. 
RIGHTS ACT OF 1964, THE AGE DISCRIMINATION IN 
EMPLOYMENT ACT OF 1967, THE REHABIUTATION 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); 
(2) age, within the meaning of section 15 of the Age 
Discrimination in Employment Act of 1967 (29 U.S.C. 633a); 
or 
(3) disability, within the meaning of section 501 of the 
Rehabilitation Act of 1973 (29 U.S.C. 791) and sections 102 
through 104 of the Americans with Disabilities Act of 1990 
(42 U.S.C. 12112-12114). 
(b) REMEDY.— 
(1) CIVIL RIGHTS.—^The remedy for a violation of subsection 
(a)(1) shall be— 
(A) such remedy as would be appropriate if awarded 
under section 706(g) of the Civil Rights Act of 1964 (42 
U.S.C. 2000e-5(g)); and 
(B) such compensatory damages as would be appro-
priate if awarded under section 1977 of the Revised Stat-
utes (42 U.S.C. 1981), or as would be appropriate if 
awarded under sections 1977A(a)(l), 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)(l), 1981a(b)(2), and 1981a(b)(3)(D)). 
(2) AGE DISCRIMINATION.—^The remedy for a violation of 
subsection (a)(2) shall be— 
(A) such remedy as would be appropriate if awarded 
under section 15(c) of the Age Discrimination in Employ-
ment Act of 1967 (29 U.S.C. 633a(c)); and 
(B) such liquidated damages as would be appropriate 
if awarded under section 7(b) of such Act (29 U.S.C. 626(b)). 
In addition, the waiver provisions of section 7(f) of such Act 
(29 U.S.C. 626(f)) shall apply to covered employees. 
(3) DISABILITIES DISCRIMINATION.—The remedy for a viola-
tion of subsection (a)(3) shall be— 
(A) such remedy as would be appropriate if awarded 
under section 505(a)(1) of the Rehabilitation Act of 1973 
109 STAT. 8 
PUBLIC LAW 104-1—JAN. 23, 1995 
(29 U.S.C. 794a(a)(l)) or section 107(a) of the Americans 
with DisabiUties Act of 1990 (42 U.S.C. 12117(a)); and 
(B) such compensatory damages as would be appro-
priate if awarded under sections 1977A(a)(2), 1977A(a)(3), 
1977A(b)(2), and, irrespective of the size of the employing 
office, 1977A(b)(3)(D) of the Revised Statutes (42 U.S.C. 
1981a(a)(2), 1981a(a)(3), 1981a(b)(2), and 1981a(b)(3)(D)). 
(c) APPLICATION TO GENERAL ACCOUNTING OFFICE, GOVERN-
MENT PRINTING OFFICE, AND LIBRARY OF CONGRESS.— 
(1) SECTION i n 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 'Taranch"; and 
(C) inserting "Government Printing Office, the General 
Accounting Office, and the" after "and in the". 
(2) SECTION I5 OF THE AGE DISCRIMINATION IN EMPLOYMENT 
ACT OF 1967.—Section 15(a) of the Age Discrimination in 
Employment Act of 1967 (29 U.S.C. 633a(a)) is amended by— 
(A) striking "legislative and"; 
(B) striking "branches" and inserting "branch"; and 
(C) inserting "Government Printing Office, the General 
Accounting Office, and the" after "and in the". 
(3) SECTION 509 OF THE AMERICANS WITH DISABILITIES ACT 
OF 1990.—Section 509 of the Americans with Disabilities Act 
of 1990 (42 U.S.C. 12209) is amended— 
(A) by striking subsections (a) and (b) of section 509; 
(B) in subsection (c), by striking "(c) INSTRUMENTAL-
ITIES OF CONGRESS.—" and inserting "The General Account-
ing Office, the Government Printing Office, and the Library 
of Congress shall be covered as follows:"; 
(C) by striking the second sentence of paragraph (2); 
(D) in paragraph (4), by striking "the instrumentalities 
of the Congress 
include" and inserting 
"the term 
'instrumentality of the Congress' means", by striking "the 
Architect of the Capitol, the Congressional Budget Office", 
by inserting "and" before "the Library", and by striking 
"the Office of Technology Assessment, and the United 
States Botanic Garden"; 
(E) by redesignating paragraph (5) as paragraph (7) 
and by inserting after paragraph (4) the following new 
paragraph: 
"(5) ENFORCEMENT OF EMPLOYMENT RIGHTS.—^The remedies 
and procedures set forth in section 717 of the Civil Rights 
Act of 1964 (42 U.S.C. 2000e-16) shall be available to any 
employee of an instrumentality of the Congress who alleges 
a violation of the rights and protections under sections 102 
through 104 of this Act that are made applicable by this section, 
except that the authorities of the Equal Emplojonent Oppor-
tunity Commission shall be exercised by the chief official of 
the instrumentality of the Congress."; and 
(F) by amending the title of the section to read 
"INSTRUMENTALITIES OF THE CONGRESS". 
(d) EFFECTIVE DATE.—^This section shall take effect 1 year 
after the date of the enactment of this Act. 
PUBLIC LAW 104-1—JAN. 23, 1995 
109 STAT. 9 
SEC. 202. RIGHTS AND PROTECTIONS UNDER THE FAMILY AND MEDI- 
2 USC 1312. 
CAL LEAVE ACT OF 1993. 
(a) FAMILY AND MEDICAL LEAVE RIGHTS AND PROTECTIONS PRO-
VIDED.— 
(1) IN GENERAL.—^The rights and protections established 
by sections 101 through 105 of the Family and Medical Leave 
Act of 1993 (29 U.S.C. 2611 through 2615) shall apply to 
covered employees. 
(2) DEFINITION.—For purposes of the application described 
in paragraph (1)— 
(A) the term "employer" as used in the Family and 
Medical Leave Act of 1993 means any employing office, 
and 
(B) the term "eligible employee" as used in the Family 
and Medical Leave Act of 1993 means a covered employee 
who has been employed in any employing office for 12 
months and for at least 1,250 hours of employment during 
the previous 12 months. 
(b) REMEDY.—^The remedy for a violation of subsection (a) shall 
be such remedy, including liquidated damages, as would be appro-
priate 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 amend-
ed by striking "and" at the end of clause (ii), by striking 
the period at the end of clause (iii) and inserting "; and", 
and by adding after clause (iii) the following: 
"(iv) includes the General Accounting Office and 
the Library of Congress.". 
(B) ENFORCEMENT.—Section 107 of the Family and 
Medical Leave Act of 1993 (29 U.S.C. 2617) is amended 
by adding at the end the following: 
"(f) 
GENERAL ACCOUNTING OFFICE AND LIBRARY OF CON-
GRESS.—In the case of the General Accounting Office and the 
Library of Congress, the authority of the Secretary of Labor under 
this title shall be exercised respectively by the Comptroller General 
of the United States and the Librarian of Congress.". 
(2) CONFORMING AMENDMENT TO TITLE 5, UNITED STATES 
CODE.—Section 6381(1)(A) of title 5, United States Code, is 
amended by striking "and" after "District of Columbia" and 
inserting before the semicolon the following: ", and any 
employee of the (General Accounting Office or the Library of 
Congress". 
(d) REGULATIONS.— 
(1) IN GENERAL.—^The Board shall, pursuant to section 304, 
issue regulations to implement the rights and protections under 
this section. 
(2) AGENCY REGULATIONS.—The regulations issued under 
paragraph (1) shall be the same as substantive regulations 
promulgated by the Secretary of Labor to implement the statu-
tory 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 regula-
109 STAT. 10 
PUBLIC LAW 1 0 4 - l ^ J A N . 23, 1995 
tions would be more effective for the implementation of the 
rights and protections under this section. 
(e) EFFECTIVE DATE.— 
(1) IN GENERAL.—Subsections (a) and (b) shall be effective 
1 year after the date of the enactment of this Act. 
(2) GENERAL ACCOUNTING OFFICE AND LIBRARY OF CON-
GRESS.—Subsection (c) shall be effective 1 year after trans-
mission to the Congress of the study under section 230. 
2 use 1313. 
SEC. 203. RIGHTS AND PROTECTIONS UNDER THE FAIR LABOR STAND-
ARDS ACT OF 1938. 
(a) FAIR LABOR STANDARDS.— 
(1) IN GENERAL.—^The rights and protections established 
by subsections (a)(1) and (d) of section 6, section 7, and section 
12(c) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206 
(a)(1) and (d), 207, 212(c)) shall apply to covered employees. 
(2) INTERNS.—^For the purposes of this section, the term 
"covered employee" does not include an intern as defined in 
regulations under subsection (c). 
(3) COMPENSATORY TIME.—^Except as provided in regula-
tions under subsection (c)(3), covered employees may not receive 
compensatory time in lieu of overtime compensation. 
(b) REMEDY.—^The remedy for a violation of subsection (a) shall 
be such remedy, including liquidated damages, as would be appro-
priate if awarded under section 16(b) of the Fair Labor Standards 
Act of 1938 (29 U.S.C. 216(b)). 
(c) REGULATIONS TO IMPLEMENT SECTION.— 
(1) IN GENERAL.—^The Board shall, pursuant to section 304, 
issue regulations to implement this section. 
(2) AGENCY REGULATIONS.—Except as provided in para-
graph (3), the regulations issued under paragraph (1) shall 
be the same as substantive regulations promulgated by the 
Secretary of Labor to implement the statutory provisions 
referred to in subsection (a) except insofar as the Board may 
determine, for good cause shown and stated together with the 
regulation, that a modification of such regulations would be 
more effective for the implementation of the rights and protec-
tions under this section. 
(3) IRREGULAR WORK SCHEDULES.—^The Board shall issue 
regulations for covered employees whose work schedules 
directly depend on the schedule of the House of Representatives 
or the Senate that shall be comparable to the provisions in 
the Fair Labor Standards Act of 1938 that apply to employees 
who have irregular work schedules. 
(d) APPLICATION TO THE GOVERNMENT PRINTING OFFICE.—Sec-
tion 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. 
2 use 1314. 
SEC. 204. RIGHTS AND PROTECTIONS UNDER THE EMPLOYEE POLY-
GRAPH PROTECTION ACT OF 1988. 
(a) POLYGRAPH PRACTICES PROHIBITED.— 
PUBLIC LAW 104-1—JAN. 23, 1995 
109 STAT. 11 
(1) IN GENERAL.—No employing office, irrespective of 
whether a covered employee works in that employing office, 
may require a covered employee to take a lie detector test 
where such a test would be prohibited if required by an 
employer under paragraph (1), (2), or (3) of section 3 of the 
Employee Polygraph Protection Act of 1988 (29 U.S.C. 2002 
(1), (2), or (3)). In addition, the waiver provisions of section 
6(d) of such Act (29 U.S.C. 2005(d)) shall apply to covered 
employees. 
(2) DEFINITIONS.—For purposes of this section, the term 
"covered employee" shall include employees of the General 
Accounting Office and the Library of Congress and the term 
"employing office" shall include the General Accounting Office 
and the Library of Congress. 
(3) CAPITOL POLICE.—Nothing in this section shall preclude 
the Capitol Police from using lie detector tests in accordance 
with regulations under subsection (c). 
(b) REMEDY.—^The remedy for a violation of subsection (a) shall 
be such remedy as would be appropriate if awarded under section 
6(c)(1) of the Employee Polygraph Protection Act of 1988 (29 U.S.C. 
2005(c)(1)). 
(c) REGULATIONS TO IMPLEMENT SECTION.— 
(1) IN GENERAL.—^The Board shall, pursuant to section 304, 
issue regulations to implement this section. 
(2) AGENCY REGULATIONS.—^The regulations issued under 
paragraph (1) shall be the same as substantive regulations 
promulgated by the Secretary of Labor to implement the statu-
tory provisions referred to in subsections (a) and (b) except 
insofar as the Board may determine, for good cause shown 
and stated together with the regulation, that a modification 
of such regulations would be more effective for the implementa-
tion of the rights and protections under this section. 
(d) EFFECTIVE DATE.— 
(1) IN GENERAL.—Except as provided in paragraph (2), sub-
sections (a) and (b) shall be effective 1 year after the date 
of the enactment of this Act. 
(2) GENERAL ACCOUNTING OFFICE AND LIBRARY OF CON-
GRESS.—^This section shall be effective with respect to the Gen-
eral Accounting Office and the Library of Congress 1 year 
after transmission to the Congress of the study under section 
230. 
SEC. 205. RIGHTS AND PROTECTIONS UNDER THE WORKER ADJUST- 
2 USC 1315. 
MENT AND RETRAINING NOTIFICATION ACT. 
(a) 
WORKER 
ADJUSTMENT 
AND RETRAINING 
NOTIFICATION 
RIGHTS.— 
(1) IN GENERAL.—No employing office shall be closed or 
a mass layoff ordered within the meaning of section 3 of the 
Worker Adjustment and Retraining Notification Act (29 U.S.C. 
2102) until the end of a 60-day period after the employing 
office serves written notice of such prospective closing or layoff 
^ 
to representatives of covered employees or, if there are no 
representatives, to covered employees. 
(2) DEFINITIONS.—^For purposes of this section, the term 
"covered employee" shall include employees of the General 
Accounting Office and the Library of Congress and the term 
109 STAT. 12 
PUBLIC LAW 104-1-^AN. 23, 1995 
"employing office" shall include the (Jeneral Accounting Office 
and the Library of Congress. 
(b) REMEDY.—^The remedy for a violation of subsection (a) shall 
be such remedy as would be appropriate if awarded under para-
graphs (1), (2), and (4) of section 5(a) of the Worker Adjustment 
and Retraining Notification Act (29 U.S.C. 2104(a) (1), (2), and 
(4)). 
(c) REGULATIONS TO IMPLEMENT SECTION.— 
(1) IN GENERAL.—^The Board shall, pursuant to section 304, 
issue regulations to implement this section. 
(2) AGENCY REGULATIONS.—The regulations issued under 
paragraph (1) shall be the same as substantive regulations 
promulgated by the Secretary of Labor to implement the statu-
tory 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 regula-
tions would be more effective for the implementation of the 
rights and protections under this section. 
(d) EFFECTIVE DATE.— 
(1) IN GENERAL.—Except as provided in paragraph (2), sub-
sections (a) and (b) shall be effective 1 year after the date 
of the enactment of this Act. 
(2) GENERAL ACCOUNTING OFFICE AND LIBRARY OF CON-
GRESS.—^This section shall be effective with respect to the (Gen-
eral Accounting Office and the Library of Congress 1 year 
after transmission to the Congress of the study under section 
230. 
2USC1316. 
SEC. 206. RIGHTS AND PROTECTIONS RELATING TO VETERANS' 
EMPLOYMENT AND REEMPLOYMENT. 
(a) EMPLOYMENT AND REEMPLOYMENT RIGHTS OF MEMBERS OF 
THE UNIFORMED SERVICES.— 
(1) IN GENERAL.—It shall be unlawful for an employing 
office to— 
(A) discriminate, within the meaning of subsections 
(a) and (b) of section 4311 of title 38, United States Code, 
against an eligible employee; 
(B) deny to an eligible employee reemployment rights 
within the meaning of sections 4312 and 4313 of title 
38, United States Code; or 
(C) deny to an eligible employee benefits within the 
meaning of sections 4316, 4317, and 4318 of title 38, United 
States Code. 
(2) DEFINITIONS.—For purposes of this section— 
(A) the term "eligible employee" means a covered 
employee performing service in the uniformed services, 
within the meaning of section 4303(13) of title 38, United 
States Code, whose service has not been terminated upon 
occurrence of any of the events enumerated in section 
4304 of title 38, United States Code, 
(B) the term "covered employee" includes employees 
of the General Accounting Office and the Library of Con-
gress, and 
(C) the term "employing office" includes the General 
Accounting Office and the Library of Congress. 
(b) REMEDY.—^The remedy for a violation of subsection (a) shall 
be such remedy as would be appropriate if awarded under para-
PUBLIC LAW 104-l^JAN. 23, 1995 
109 STAT. 13 
graphs (1), (2)(A), and (3) of section 4323(c) of title 38, United 
States Code. 
(c) REGULATIONS TO IMPLEMENT SECTION.— 
(1) IN GENERAL.—^The Board shall, pursuant to section 304, 
issue regulations to implement this section. 
(2) AGENCY REGULATIONS.—^The regulations issued under 
paragraph (1) shall be the same as substantive regulations 
promulgated by the Secretary of Labor to implement the statu-
tory provisions referred to in subsection (a) except to the extent 
that the Board may determine, for good cause shown and 
stated together with the regulation, that a modification of such 
regulations would be more effective for the implementation 
of the rights and protections under this section. 
(d) EFFECTIVE DATE.— 
(1) IN GENERAL.—Except as provided in paragraph (2), sub-
sections (a) and (b) shall be effective 1 year after the date 
of the enactment of this Act. 
(2) GENERAL ACCOUNTING OFFICE AND LIBRARY OF CON-
GRESS.—^This section shall be effective with respect to the Gen-
eral Accounting Office and the Library of Congress 1 year 
after transmission to the Congress of the study under section 
230. 
SEC. 207. PROHIBITION OF INTIMIDATION OR REPRISAL. 
2 USC 1317. 
(a) IN GENERAL.—It shall be unlawful for an employing office 
to intimidate, take reprisal against, or otherwise discriminate 
against, any covered employee because the covered employee has 
opposed any practice made unlawful by this Act, or because the 
covered employee has initiated proceedings, made a charge, or 
testified, assisted, or participated in any manner in a hearing 
or other proceeding under this Act. 
(b) REMEDY.—^The remedy available for a violation of subsection 
(a) shall be such legal or equitable remedy as may be appropriate 
to redress a violation of subsection (a). 
PART B—PUBLIC SERVICES AND ACCOMMODA-
TIONS UNDER THE AMERICANS WITH DIS-
ABILITIES ACT OF 1990 
SEC. 210. RIGHTS AND PROTECTIONS UNDER THE AMERICANS WITH 
2 USC 1331. 
DISABIUTIES ACT OF 1990 RELATING TO PUBLIC SERV-
ICES AND ACCOMMODATIONS; PROCEDURES FOR REM-
EDY OF VIOLATIONS. 
(a) ENTITIES SUBJECT TO THIS SECTION.—^The requirements 
of this section shall apply to— 
(1) each office of the Senate, including each office of a 
Senator and each committee; 
(2) each office of the House of Representatives, including 
each office of a Member of the House of Representatives and 
each committee; 
(3) each joint committee of the Congress; 
(4) the Capitol Guide Service; 
(5) the Capitol Police; 
(6) the Congressional Budget Office; 
(7) the Office of the Architect of the Capitol (including 
the Senate Restaurants and the Botanic Garden); 
109 STAT. 14 
PUBLIC LAW 104-1—JAN. 23, 1995 
(8) the Office of the Attending Physician; 
(9) the Office of Compliance; and 
(10) the Office of Technology Assessment. 
(b) DISCRIMINATION IN PUBLIC SERVICES AND ACCOMMODA-
TIONS.— 
(1) RIGHTS AND PROTECTIONS.—The rights and protections 
against discrimination in the provision of public services and 
accommodations established by sections 201 through 230, 302, 
303, and 309 of the Americans with Disabilities Act of 1990 
(42 U.S.C. 12131-12150, 12182, 12183, and 12189) shall apply 
to the entities listed in subsection (a). 
(2) DEFINITIONS.—For purposes of the application of title 
II of the Americans with Disabilities Act of 1990 (42 U.S.C. 
12131 et seq.) under this section, the term "public entity 
means any entity listed in subsection (a) that provides public 
services, programs, or activities. 
(c) REMEDY.—^The remedy for a violation of subsection (b) shall 
be such remedy as would be appropriate if awarded under section 
203 or 308(a) of the Americans with Disabilities Act of 1990 (42 
U.S.C. 12133, 12188(a)), except that, with respect to any claim 
of employment discrimination asserted by any covered employee, 
the exclusive remedy shall be under section 201 of this title. 
(d) AVAILABLE PROCEDURES.— 
(1) CHARGE FILED WITH GENERAL COUNSEL.—A qualified 
individual with a disability, as defined in section 201(2) of 
the Americans with Disabilities Act of 1990 (42 U.S.C. 
12131(2)), who alleges a violation of subsection (b) by an entity 
listed in subsection (a), may file a charge against any entity 
responsible for correcting the violation with the General Coun-
sel within 180 days of the occurrence of the alleged violation. 
The General Counsel shall investigate the charge. 
(2) MEDIATION.—If, upon investigation under paragraph 
(1), the General Counsel believes that a violation of subsection 
(b) may have occurred and that mediation may be helpful 
in resolving the dispute, the General Counsel may request, 
but not participate in, mediation under subsections (b) through 
(d) of section 403 between the charging individual and any 
entity responsible for correcting the alleged violation. 
(3) COMPLAINT, HEARING, BOARD REVIEW.—If mediation 
under p-aragraph (2) has not succeeded in resolving the dispute, 
and if the General Counsel believes that a violation of sub-
section (b) may have occurred, the General Counsel may file 
with the Office a complaint against any entity responsible 
for correcting the violation. The complaint shall be submitted 
to a hearing officer for decision pursuant to subsections (b) 
through (h) of section 405 and any person who has filed a 
charge under paragraph (1) may intervene as of right, with 
the full rights of a party. The decision of the hearing officer 
shall be subject to review by the Board pursuant to section 
406. 
(4) JUDICIAL REVIEW.—A charging individual who has inter-
vened under paragraph (3) or any respondent to the complaint, 
if aggrieved by a final decision of the Board under paragraph 
(3), may file a petition for review in the United States Court 
of Appeals for the Federal Circuit, pursuant to section 407. 
(5) COMPLIANCE DATE.—If new appropriated funds are nec-
essary to comply with an order requiring correction of a viola-
PUBLIC LAW 104-1-^AN. 23, 1995 
109 STAT. 15 
tion of subsection (b), compliance shall take place as soon 
as possible, but no later than the fiscal year following the 
end of the fiscal year in which the order requiring correction 
becomes final and not subject to further review. 
(e) REGULATIONS TO IMPLEMENT SECTION.— 
(1) IN GENERAL.—^The Board shall, pursuant to section 304, 
issue regulations to implement this section. 
(2) AGENCY REGULATIONS.—^The regulations issued under 
paragraph (1) shall be the same as substantive regulations 
promulgated by the Attorney General and the Secretary of 
Transportation to implement the statutory provisions referred 
to in subsection (b) except to the extent that the Board may 
determine, for good cause shown and stated together with the 
regulation, that a modification of such regulations would be 
more effective for the implementation of the rights and protec-
tions under this section. 
(3) ENTITY RESPONSIBLE FOR CORRECTION.—^The regulations 
issued under paragraph (1) shall include a method of identify-
ing, for purposes of this section and for categories of violations 
of subsection (b), the entity responsible for correction of a 
particular violation. 
(f) 
PERIODIC INSPECTIONS; REPORT TO CONGRESS; INITIAL 
STUDY.— 
(1) PERIODIC INSPECTIONS.—On a regular basis, and at 
least once each Congress, the General Counsel shall inspect 
the facilities of the entities listed in subsection (a) to ensure 
compliance with subsection (b). 
(2) REPORT.—On the basis of each periodic inspection, the 
G^eneral Counsel shall, at least once every Congress, prepare 
and submit a report— 
(A) to the Speaker of the House of Representatives, 
the President pro tempore of the Senate, and the Office 
of the Architect of the Capitol, or other entity responsible, 
for correcting the violation of this section uncovered by 
such inspection, and 
(B) containing the results of the periodic inspection, 
describing any steps necessary to correct any violation of 
this section, assessing any limitations in accessibility to 
and usability by individuals with disabilities associated 
with each violation, and the estimated cost and time needed 
for abatement. 
(3) INITIAL PERIOD FOR STUDY AND CORRECTIVE ACTION.— 
The period from the date of the enactment of this Act until 
December 31, 1996, shall be available to the Office of the 
Architect of the Capitol and other entities subject to this section 
to identify any violations of subsection (b), to determine the 
costs of compliance, and to take any necessary corrective action 
to abate any violations. The Office shall assist the Office of 
the Architect of the Capitol and other entities listed in sub-
section (a) by arranging for inspections and other technical 
assistance at their request. Prior to July 1, 1996, the General 
Counsel shall conduct a thorough inspection under paragraph 
(1) and shall submit the report under paragraph (2) for the 
One Hundred Fourth Congress. 
(4) DETAILED PERSONNEL.—^The Attorney General, the Sec-
retary of Transportation, and the Architectural and Transpor-
tation Barriers Compliance Board may, on request of the Execu-
109 STAT. 16 
PUBLIC LAW 104-1-JAN. 23, 1995 
tive Director, detail to the Office such personnel as may be 
necessary to advise and assist the Office in carrying out its 
duties under this section. 
(g) APPLICATION OF AMERICANS WITH DISABILITIES ACT OF 1990 
TO THE PROVISION OF PUBLIC SERVICES AND ACCOMMODATIONS BY 
THE GENERAL ACCOUNTING OFFICE, THE GOVERNMENT PRINTING 
OFFICE, AND THE LIBRARY OF CONGRESS.—Section 509 of the Ameri-
cans with Disabilities Act of 1990 (42 U.S.C. 12209)), as amended 
by section 201(c) of this Act, is amended by adding the following 
new paragraph: 
"(6) 
ENFORCEMENT OF RIGHTS TO PUBLIC SERVICES AND 
ACCOMMODATIONS.—^The remedies and procedures set forth in 
section 717 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-
16) shall be available to any qualified person with a disability 
who is a visitor, guest, or patron of an instrumentality of 
Congress and who alleges a violation of the rights and protec-
tions under sections 201 through 230 or section 302 or 303 
of this Act that are made applicable by this section, except 
that the authorities of the Equal Employment Opportunity 
Commission shall be exercised by the chief official of the 
instrumentality of the Congress.". 
(h) EFFECTIVE DATE.— 
(1) IN GENERAL.—Subsections (b), (c), and (d) shall be effec-
tive on January 1, 1997. 
(2) GENERAL ACCOUNTING OFFICE, GOVERNMENT PRINTING 
OFFICE, AND LIBRARY OF CONGRESS.—Subsection (g) shall be 
effective 1 year after transmission to the Congress of the study 
under section 230. 
PART 
C—OCCUPATIONAL 
SAFETY 
AND 
HEALTH 
ACT OF 
1
9
7
0 
2 use 134L 
SEC. 215. RIGHTS AND PROTECTIONS UNDER THE OCCUPATIONAL, 
SAFETY A N D HEALTH ACT OF 1970; PROCEDURES FOR 
REMEDY OF VIOLATIONS. 
(a) OCCUPATIONAL SAFETY AND HEALTH PROTECTIONS.— 
(1) IN GENERAL.—Each employing office and each covered 
employee shall comply with the provisions of section 5 of the 
Occupational Safety and Health Act of 1970 (29 U.S.C. 654). 
(2) DEFINITIONS.—For purposes of the application under 
this section of the Occupational Safety and Health Act of 1970— 
(A) the term "employer" as used in such Act means 
an employing office; 
"
* 
(B) the term "employee" as used in such Act means 
a covered employee; 
(C) the term "employing office" includes the General 
Accounting Office, the Library of Congress, and any entity 
listed in subsection (a) of section 210 that is responsible 
for correcting a violation of this section, irrespective of 
whether the entity has an employment relationship with 
any covered employee in any employing office in which 
such a violation occurs; and 
(D) the term "employee" includes employees of the 
General Accounting Office and the Library of Congress. 
(b) REMEDY.—^The remedy for a violation of subsection (a) shall 
be an order to correct the violation, including such order as would 
PUBLIC LAW 104-1-JAN. 23, 1995 
109 STAT. 17 
be appropriate if issued under section 13(a) of the Occupational 
Safety and Health Act of 1970 (29 U.S.C. 662(a)). 
(c) PROCEDURES.— 
(1) REQUESTS FOR INSPECTIONS.—Upon written request of 
any employing office or covered employee, the General Counsel 
shall exercise the authorities granted to the Secretary of Labor 
by subsections (a), (d), (e), and (f) of section 8 of the Occupa-
tional Safety and Health Act of 1970 (29 U.S.C. 657 (a), (d), 
(e), and (f)) to inspect and investigate places of employment 
under the jurisdiction of employing offices. 
(2) CITATIONS, NOTICES, AND NOTIFICATIONS.—For purposes 
of this section, the (General Counsel shall exercise the authori-
ties granted to the Secretary of Labor in sections 9 and 10 
of the Occupational Safety and Health Act of 1970 (29 U.S.C. 
658 and 659), to issue— 
(A) a citation or notice to any employing office respon-
sible for correcting a violation of subsection (a); or 
(B) a notification to any employing office that the Gen-
eral Counsel believes has failed to correct a violation for 
which a citation has been issued within the period per-
mitted for its correction. 
(3) HEARINGS AND REVIEW.—If after issuing a citation or 
notification, the General Counsel determines that a violation 
has not been corrected, the General Counsel may file a com-
plaint with the Office against the employing office named in 
the citation or notification. The complaint shall be submitted 
to a hearing officer for decision pursuant to subsections (b) 
through (h) of section 405, subject to review by the Board 
pursuant to section 406. 
(4) VARIANCE PROCEDURES.—^An employing office may 
request from the Board an order granting a variance from 
a standard made applicable by this section. For the purposes 
of this section, the Board shall exercise the authorities granted 
to the Secretary of Labor in sections 6(b)(6) and 6(d) of the 
Occupational Safety and Health Act of 1970 (29 U.S.C. 655(b)(6) 
and 655(d)) to act on any employing office's request for a 
variance. The Board shall refer the matter to a hearing officer 
pursuant to subsections (b) through (h) of section 405, subject 
to review by the Board pursuant to section 406. 
(5) JUDICIAL REVIEW.—The General Counsel or employing 
office aggrieved by a final decision of the Board under para-
graph (3) or (4), may file a petition for review with the United 
States Court of Appeals for the Federal Circuit pursuant to 
section 407. 
(6) COMPLIANCE DATE.—If new appropriated funds are nec-
essary to correct a violation of subsection (a) for which a citation 
is issued, or to comply with an order requiring correction of 
such a violation, correction or compliance shall take place as 
soon as possible, but not later than the end of the fiscal year 
following the fiscal year in which the citation is issued or 
the order requiring correction becomes final and not subject 
to further review. 
(d) REGULATIONS TO IMPLEMENT SECTION.— 
(1) IN GENERAL.—^The Board shall, pursuant to section 304, 
issue regulations to implement this section. 
(2) AGENCY REGULATIONS.—The regulations issued under 
paragraph (1) shall be the same as substantive regulations 
99-194 O - 95 - 2 : QL 3 Part 1 
109 STAT. 18 
PUBLIC LAW 104-l^JAN. 23, 1995 
promulgated by the Secretary of Labor to implement the statu-
tory provisions referred to in subsection (a) except to the extent 
that the Board may determine, for good cause shown and 
stated together with the regulation, that a modification of such 
regulations would be more effective for the implementation 
of the rights and protections under this section. 
(3) EMPLOYING OFFICE RESPONSIBLE FOR CORRECTION.—^The 
regulations issued under paragraph (1) shall include a method 
of identifying, for purposes of this section and for different 
categories of violations of subsection (a), the emplojdng office 
responsible for correction of a particular violation. 
(e) PERIODIC INSPECTIONS; REPORT TO CONGRESS.— 
(1) PERIODIC INSPECTIONS.—On a regular basis, and at 
least once each Congress, the General Counsel, exercising the 
same authorities of the Secretary of Labor as under subsection 
(c)(1), shall conduct periodic inspections of all facilities of the 
House of Representatives, the Senate, the Capitol Guide Serv-
ice, the Capitol Police, the Congressional Budget Office, the 
Office of the Architect of the Capitol, the Office of the Attending 
Physician, the Office of Compliance, the Office of Technology 
Assessment, the Library of Congress, and the General Account-
ing Office to report on compliance with subsection (a). 
(2) REPORT.—On the basis of each periodic inspection, the 
General Counsel shall prepare and submit a report— 
(A) to the Speaker of the House of Representatives, 
the President pro tempore of the Senate, and the Office 
of the Architect of the Capitol or other employing office 
responsible for correcting the violation of this section uncov-
ered by such inspection, and 
(B) containing the results of the periodic inspection, 
identifying the employing office responsible for correcting 
the violation of this section uncovered by such inspection, 
describing any steps necessary to correct any violation of 
this section, and assessing any risks to employee health 
and safety associated with any violation. 
(3) ACTION AFTER REPORT.—If a report identifies any viola-
tion of this section, the General Counsel shall issue a citation 
or notice in accordance with subsection (c)(2)(A). 
(4) DETAILED PERSONNEL.—^The Secretary of Labor may, 
on request of the Executive Director, detail to the Office such 
personnel as may be necessary to advise and assist the Office 
in carrying out its duties under this section. 
(f) INITIAL PERIOD FOR STUDY AND CORRECTIVE ACTION.—The 
period from the date of the enactment of this Act until December 
31, 1996, shall be available to the Office of the Architect of the 
Capitol and other employing offices to identify any violations of 
subsection (a), to determine the costs of compliance, and to take 
any necessary corrective action to abate any violations. The Office 
shall assist the Office of the Architect of the Capitol and other 
employing offices by arranging for inspections and other technical 
assistance at their request. Prior to July 1, 1996, the General 
Counsel shall conduct a thorough inspection under subsection (e)(1) 
and shall submit the report under subsection (e)(2) for the One 
Hundred Fourth Congress. 
(g) EFFECTIVE DATE.— 
PUBLIC LAW 104-1—JAN. 23, 1995 
109 STAT. 19 
(1) IN GENERAL.—Except as provided in paragraph (2), sub-
sections (a), (b), (c), and (e)(3) shall be effective on January 
1, 1997. 
(2) GENERAL ACCOUNTING OFFICE AND LIBRARY OF CON-
GRESS.—^This section shall be effective with respect to the Gen-
eral Accounting Office and the Library of Congress 1 year 
after transmission to the Congress of the study under section 
230. 
PART D—LABOR-MANAGEMENT RELATIONS 
SEC. 220. APPLICATION OF CHAPTER 71 OF TITLE 5, UNITED STATES 
2 USC 1351. 
CODE, RELATING TO FEDERAL SERVICE LABOR-MANAGE-
MENT RELATIONS; PROCEDURES FOR REMEDY OF VIOLA-
TIONS. 
(a) LABOR-MANAGEMENT RIGHTS.— 
(1) IN GENERAL.—^The rights, protections, and responsibil-
, ities established under sections 7102, 7106, 7111 through 7117, 
7119 through 7122, and 7131 of title 5, United States Code, 
shall apply to employing offices and to covered employees and 
representatives of those employees. 
(2) DEFINITION.—For purposes of the application under this 
section of the sections referred to in paragraph (1), the term 
"agency" shall be deemed to include an employing office. 
(b) REMEDY.—^The remedy for a violation of subsection (a) shall 
be such remedy, including a remedy under section 7118(a)(7) of 
title 5, United States Code, as would be appropriate if awarded 
by the Federal Labor Relations Authority to remedy a violation 
of any provision made applicable by subsection (a). 
(c) AUTHORITIES AND PROCEDURES FOR IMPLEMENTATION AND 
ENFORCEMENT.— 
(1) GENERAL AUTHORITIES OF THE BOARD; PETITIONS.—For 
purposes of this section and except as otherwise provided in 
this section, the Board shall exercise the authorities of the 
Federal Labor Relations Authority under sections 7105, 7111, 
7112, 7113, 7115, 7117, 7118, and 7122 of title 5, United 
States Code, and of the President under section 7103(b) of 
title 5, United States Code. For purposes of this section, any 
petition or other submission that, under chapter 71 of title 
5, United States Code, would be submitted to the Federal 
Labor Relations Authority shall, if brought under this section, 
be submitted to the Board. The Board shall refer any matter 
under this paragraph to a hearing officer for decision pursuant 
to subsections (b) through (h) of section 405, subject to review 
by the Board pursuant to section 406. The Board may direct 
that the General Counsel carry out the Board's investigative 
authorities under this paragraph. 
(2) 
GENERAL 
AUTHORITIES OF THE GENERAL 
COUNSEL; 
CHARGES OF UNFAIR LABOR PRACTICE.—For purposes of this 
section and except as otherwise provided in this section, the 
General Counsel shall exercise the authorities of the General 
Counsel of the Federal Labor Relations Authority under sec-
tions 7104 and 7118 of title 5, United States Code. For purposes 
of this section, any charge or other submission that, under 
chapter 71 of title 5, United States Code, would be submitted 
to the General Counsel of the Federal Labor Relations Authority 
shall, if brought under this section, be submitted to the General 
109 STAT. 20 
PUBLIC LAW 104-1—JAN. 23, 1995 
Counsel. If any person charges an employing office or a labor 
organization with having engaged in or engaging in an unfair 
labor practice and makes such charge within 180 days of the 
occurrence of the alleged unfair labor practice, the General 
Counsel shall investigate the charge and may file a complaint 
with the Office. The complaint shall be submitted to a hearing 
officer for decision pursuant to subsections (b) through (h) 
of section 405, subject to review by the Board pursuant to 
section 406. 
(3) JUDICIAL REVIEW.—Except for matters referred to in 
paragraphs (1) and (2) of section 7123(a) of title 5, United 
States Code, the General Counsel or the respondent to the 
complaint, if aggrieved by a final decision of the Board under 
paragraph (1) or (2) of this subsection, may file a petition 
for judicial review in the United States Court of Appeals for 
the Federal Circuit pursuant to section 407. 
(4) EXERCISE OF IMPASSES PANEL AUTHORITY; REQUESTS.— 
For purposes of this section and except as otherwise provided 
in this section, the Board shall exercise the authorities of 
the Federal Service Impasses Panel under section 7119 of title 
5, United States Code. For purposes of this section, any request 
that, under chapter 71 of title 5, United States Code, would 
be presented to the Federal Service Impasses Panel shall, if 
made under this section, be presented to the Board. At the 
request of the Board, the Executive Director shall appoint a 
mediator or mediators to perform the functions of the Federal 
Service Impasses Panel under section 7119 of title 5, United 
States Code. 
(d) REGULATIONS TO IMPLEMENT SECTION.— 
(1) IN GENERAL.—^The Board shall, pursuant to section 304, 
issue regulations to implement this section. 
(2) AGENCY REGULATIONS.—Except as provided in sub-
section (e), the regulations issued under paragraph (1) shall 
be the same as substantive regulations promulgated by the 
Federal Labor Relations Authority to implement the statutory 
provisions referred to in subsection (a) except— 
(A) to the extent that the Board may determine, for 
good cause shown and stated together with the regulation, 
that a modification of such regulations would be more 
effective for the implementation of the rights and protec-
tions 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 regula-
tions pursuant to section 304 on the manner and extent to 
which the requirements and exemptions of chapter 71 of title 
5, United States Code, should apply to covered employees who 
are employed in the offices listed in paragraph (2). The regula-
tions shall, to the greatest extent practicable, be consistent 
with the provisions and purposes of chapter 71 of title 5, 
United States Code and of this Act, and shall be the same 
as substantive regulations issued by the Federal Labor Rela-
tions Authority under such chapter, except— 
(A) to the extent that the Board may determine, for 
good cause shown and stated together with the regulation, 
PUBLIC LAW 1 0 4 - 1 - ^ A N . 23, 1995 
109 STAT. 21 
that a modification of such regulations would be more 
effective for the implementation of the rights and protec-
tions under this section; and 
(B) that the Board shall exclude from coverage under 
this section any covered employees who are employed in 
offices listed in paragraph (2) if the Board determines 
that such exclusion is required because of— 
(i) a conflict of interest or appearance of a conflict 
of interest; or 
(ii) Congress' constitutional responsibilities. 
(2) OFFICES REFERRED TO.—^The offices referred to in para-
graph (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 Representa-
tives, or a joint committee of Congress; 
(C) the Office of the Vice President (as President of 
the Senate), the Office of the President pro tempore of 
the Senate, the Office of the Majority Leader of the Senate, 
the Office of the Minority Leader of the Senate, the Office 
of the Majority Whip of the Senate, the Office of the Minor-
ity Whip of the Senate, the Conference of the Majority 
of the Senate, the Conference of the Minority of the Senate, 
the Office of the Secretary of the Conference of the Majority 
of the Senate, the Office of the Secretary of the Conference 
of the Minority of the Senate, the Office of the Secretary 
for the Majority of the Senate, the Office of the Secretary 
for the Minority of the Senate, the Majority Policy Commit-
tee of the Senate, the Minority Policy Committee of the 
Senate, and the following offices within the Office of the 
Secretary of the Senate: Offices of the Parliamentarian, 
Bill Clerk, Legislative Clerk, Journal Clerk, Executive 
Clerk, Enrolling Clerk, Official Reporters of Debate, Daily 
Digest, Printing Services, Captioning Services, and Senate 
Chief Counsel for Employment; 
(D) the Office of the Speaker of the House of Represent-
atives, the Office of the Majority Leader of the House 
of Representatives, the Office of the Minority Leader of 
the House of Representatives, the Offices of the Chief Dep-
uty Majority Whips, the Offices of the Chief Deputy Minor-
ity Whips and the following offices within the Office of 
the Clerk of the House of Representatives: Offices of Legis-
lative Operations, Official Reporters of Debate, Official 
Reporters to Committees, Printing Services, and Legislative 
Information; 
(E) the Office of the Legislative Counsel of the Senate, 
the Office of the Senate Legal Counsel, the Office of the 
Legislative Counsel of the House of Representatives, the 
Office of the General Counsel of the House of Representa-
tives, the Office of the Parliamentarian of the House of 
Representatives, and the Office of the Law Revision Coun-
sel; 
(F) the offices of any caucus or party organization; 
(G) the Congressional Budget Office, the Office of Tech-
nology Assessment, and the Office of Compliance; and 
109 STAT. 22 
PUBLIC LAW 104-1-JAN. 23, 1995 
(H) such other offices that perform comparable func-
tions which are identified under regulations of the Board. 
(f) EFFECTIVE DATE.— 
(1) IN GENERAL.—Except as provided in paragraph (2), sub-
sections (a) and (b) shall be effective on October 1, 1996. 
(2) CERTAIN OFFICES.—With respect to the offices listed 
in subsection (e)(2), to the covered employees of such offices, 
and to representatives of such employees, subsections (a) and 
(b) shall be effective on the effective date of regulations under 
subsection (e). 
PART E—GENERAL 
2 use 1361. 
SEC. 225. GENERALLY APPLICABLE REMEDIES AND LIMITATIONS. 
(a) ATTORNEY'S FEES.—If a covered employee, with respect to 
any claim under this Act, or a qualified person with a disability, 
with respect to any claim under section 210, is a prevailing party 
in any proceeding under section 405, 406, 407, or 408, the hearing 
officer. Board, or court, as the case may be, may award attorne3^s 
fees, expert fees, and any other costs as would be appropriate 
if awarded under section 706(k) of the Civil Rights Act of 1964 
(42 U.S.C. 2000e-5(k)). 
(b) INTEREST.—In any proceeding under section 405, 406, 407, 
or 408, the same interest to compensate for delay in payment 
shall be made available as would be appropriate if awarded under 
section 717(d) of the Civil Rights Act of 1964 (42 U.S.C. 2000e-
16(d)). 
(c) CIVIL PENALTIES AND PUNITIVE DAMAGES.—No civil penalty 
or punitive damages may be awarded with respect to any claim 
under this Act. 
(d) EXCLUSIVE PROCEDURE.— 
(1) IN GENERAL.—Except as provided in paragraph (2), no 
person may commence an administrative or judicial proceeding 
to seek a remedy for the rights and protections afforded by 
this Act except as provided in this Act. 
(2) VETERANS.—^A covered employee under section 206 may 
also utilize any provisions of chapter 43 of title 38, United 
States Code, that are applicable to that employee. 
(e) SCOPE OF REMEDY.—Only a covered employee who has 
undertaken and completed the procedures described in sections 
402 and 403 may be granted a remedy under part A of this title. 
(f) CONSTRUCTION.— 
(1) DEFINITIONS AND EXEMPTIONS.—Except where inconsist-
ent with definitions and exemptions provided in this Act, the 
definitions and exemptions in the laws made applicable by 
this Act shall apply under this Act. 
(2) SIZE LIMITATIONS.—^Notwithstanding paragraph (1), 
provisions in the laws made applicable under this Act (other 
than the Worker Adjustment and Retraining Notification Act) 
determining coverage based on size, whether expressed in terms 
of numbers of employees, amount of business transacted, or 
other measure, shall not apply in determining coverage under 
this Act. 
(3) EXECUTIVE BRANCH ENFORCEMENT.—^This Act shall not 
be construed to authorize enforcement by the executive branch 
of this Act. 
PUBLIC LAW 104-1—JAN. 23, 1995 
109 STAT. 23 
PART F—STUDY 
SEC. 230. STUDY AND RECOMMENDATIONS REGARDING GENERAL 
2 USC 1371. 
ACCOUNTING OFFICE, GOVERNMENT PRINTING OFFICE, 
AND LIBRARY OF CONGRESS. 
(a) IN GENERAL.—^The Administrative Conference of the United 
States shall undertake a study of— 
(1) the application of the laws listed in subsection (b) 
to— 
(A) the General Accounting Office; 
(B) the Government Printing Office; and 
(C) the Library of Congress; and 
(2) the regulations and procedures used by the entities 
referred to in paragraph (1) to apply and enforce such laws 
to themselves and their employees. 
(b) APPLICABLE STATUTES.—^The study under this section shall 
consider the application of the following laws: 
(1) Title VII of the Civil Rights Act of 1964 (42 U.S.C. 
2000e et seq.), and related provisions of section 2302 of title 
5, United States Code. 
(2) The Age Discrimination in Employment Act of 1967 
(29 U.S.C. 621 et seq.), and related provisions of section 2302 
of title 5, United States Code. 
(3) The Americans with Disabilities Act of 1990 (42 U.S.C. 
12101 et seq.), and related provisions of section 2302 of title 
5, United States Code. 
(4) The Family and Medical Leave Act of 1993 (29 U.S.C. 
2611 et seq.), and related provisions of sections 6381 through 
6387 of title 5, United States Code. 
(5) The Fair Labor Standards Act of 1938 (29 U.S.C. 201 
et seq.), and related provisions of sections 5541 through 5550a 
of title 5, United States Code. 
(6) The Occupational Safety and Health Act of 1970 (29 
U.S.C. 651 et seq.), and related provisions of section 7902 
of title 5, United States Code. 
(7) The Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.). 
(8) Chapter 71 (relating to Federal service labor-manage-
ment relations) of title 5, United States Code. 
(9) The General Accounting Office Personnel Act of 1980 
(31 U.S.C. 731 et seq.). 
(10) The Employee Polygraph Protection Act of 1988 (29 
U.S.C. 2001 et seq.). 
(11) The Worker Adjustment and Retraining Notification 
Act (29 U.S.C. 2101 et seq.). 
(12) Chapter 43 (relating to veterans' employment and 
reemployment) of title 38, United States Code. 
(c) CONTENTS OF STUDY AND RECOMMENDATIONS.—The study 
under this section shall evaluate whether the rights, protections, 
and procedures, including administrative 
and judicial relief, 
applicable to the entities listed in paragraph (1) of subsection (a) 
and their employees are comprehensive and effective and shall 
include recommendations for any improvements in regulations or 
legislation, including proposed regulatory or legislative language. 
(d) DEADLINE AND DELIVERY OF STUDY.—Not later than Decem-
ber 31, 1996— 
(1) the Administrative Conference of the United States 
shall prepare and complete the study and recommendations 
109 STAT. 24 
PUBLIC LAW 104-1-^AN. 23, 1995 
required under this section and shall submit the study and 
recommendations to the Board; and 
(2) the Board shall transmit such study and recommenda-
tions (with the Board's comments) to the head of each entity 
considered in the study, and to the Congress by delivery to 
the Speaker of the House of Representatives and President 
pro tempore of the Senate for referral to the appropriate 
committees of the House of Representatives and of the Senate. 
TITLE III—OFFICE OF COMPLIANCE 
2 use 1381. 
SEC. 301. ESTABLISHMENT OF OFFICE OF COMPLIANCE. 
(a) ESTABLISHMENT.—There is established, as an independent 
office within the legislative branch of the Federal Government, 
the Office of Compliance. 
(b) BOARD OF DIRECTORS.—^The Office shall have a Board of 
Directors. The Board shall consist of 5 individuals appointed jointly 
by the Speaker of the House of Representatives, the Majority Leader 
of the Senate, and the Minority Leaders of the House of Representa-
tives and the Senate. Appointments of the first 5 members of 
the Board shall be completed not later than 90 days after the 
date of the enactment of this Act. 
(c) CHAIR.—^The Chair shall be appointed from members of 
the Board jointly by the Speaker of the House of Representatives, 
the Majority Leader of the Senate, and the Minority Leaders of 
the House of Representatives and the Senate. 
(d) BOARD OF DIRECTORS QUALIFICATIONS.— 
(1) SPECIFIC QUALIFICATIONS.—Selection and appointment 
of members of the Board shall be without regard to political 
affiliation and solely on the basis of fitness to perform the 
duties of the Office. Members of the Board shall have training 
or experience in the application of the rights, protections, and 
remedies under one or more of the laws made applicable under 
section 102. 
(2) DISQUALIFICATIONS FOR APPOINTMENTS.— 
(A) LOBBYING.—^No individual who engages in, or is 
otherwise employed in, lobbying of the Congress and who 
is required under the Federal Regulation of Lobbying Act 
to register with the Clerk of the House of Representatives 
or the Secretary of the Senate shall be eligible for 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 instrumentality 
or other entity of the legislative branch, or may have held 
such a position (other than the position of an officer or 
employee of the General Accounting Office Personnel 
Appeals Board, an officer or employee of the Office of 
Fair Employment Practices of the House of Representa-
tives, or officer or employee of the Office of Senate Fair 
Employment Practices) within 4 years of the date of 
appointment. 
(3) VACANCIES.—^A vacancy on the Board shall be filled 
in the manner in which the original appointment was made. 
PUBLIC LAW 104-1—JAN. 23, 1995 
109 STAT. 25 
(e) TERM OF OFFICE.— 
(1) IN GENERAL.—Except as provided in paragraph (2), 
membership on the Board shall be for 5 years. A member 
of the Board who is appointed to a term of office of more 
than 3 years shall only be eligible for appointment for a single 
term of office. 
(2) FIRST APPOINTMENTS.—Of the members first appointed 
to the Board— 
(A) 1 shall have a term of office of 3 years, 
(B) 2 shall have a term of office of 4 years, and 
(C) 2 shall have a term of office of 5 years, 1 of 
whom shall be the Chair, 
as designated at the time of appointment by the persons speci-
fied in subsection (b). 
if) REMOVAL.— 
(1) AUTHORITY.—^Any member of the Board may be removed 
from office by a majority decision of the appointing authorities 
described in subsection (b), but only for— 
(A) disability that substantially prevents the member 
from carrying out the duties of the member, 
(B) incompetence, 
(C) neglect of duty, 
(D) malfeasance, including a felony or conduct involv-
ing moral turpitude, or 
(E) holding an office or employment or engaging in 
an activity that disqualifies the individual from service 
as a member of the Board under subsection (d)(2). 
(2) STATEMENT OF REASONS FOR REMOVAL.—In removing 
a member of the Board, the Speaker of the House of Representa-
tives and the President pro tempore of the Senate shall state 
in writing to the member of the Board being removed the 
specific reasons for the removal. 
(g) COMPENSATION.— 
(1) PER DIEM.—Each member of the Board shall be com-
pensated at a rate equal to the daily equivalent of the annual 
rate of basic pay prescribed for level V of the Executive Schedule 
under section 5316 of title 5, United States Code, for each 
day (including travel time) during which such member is en-
gaged in the performance of the duties of the Board. The 
rate of pay of a member may be prorated based on the portion 
of the day during which the member is engaged in the perform-
ance of Board duties. 
(2) TRAVEL EXPENSES.—Each member of the Board shall 
receive travel expenses, including per diem in lieu of subsist-
ence, at rates authorized for employees of agencies under sub-
chapter I of chapter 57 of title 5, United States Code, for 
each day the member is engaged in the performance of duties 
away from the home or regular place of business of the member, 
(h) DUTIES.—The Office shall— 
(1) carry out a program of education for Members of Con-
gress and other employing authorities of the legislative branch 
of the Federal Government respecting the laws made applicable 
to them and a program to inform individuals of their rights 
under laws applicab? 9 to the legislative branch of the Federal 
Government; 
(2) in carrying out the program under paragraph (1), 
distribute the telephone number and address of the Office, 
109 STAT. 26 
PUBLIC LAW 1 0 4 - 1 - ^ A N . 23, 1995 
procedures for action under title IV, and any other information 
appropriate for distribution, distribute such information to 
employing offices in a manner suitable for posting, provide 
such information to new employees of employing offices, distrib-
ute such information to the residences of covered employees, 
and conduct seminars and other activities designed to educate 
employing offices and covered employees; and 
Records. 
(3) compile and publish statistics on the use of the Office 
Publication. 
by covered employees, including the number and type of con-
tacts made with the Office, on the reason for such contacts, 
on the number of covered employees who initiated proceedings 
with the Office under this Act and the result of such proceed-
ings, and on the number of covered employees who filed a 
complaint, the basis for the complaint, and the action taken 
on the complaint. 
(i) CONGRESSIONAL OVERSIGHT.—^The Board and the Office shall 
be subject to oversight (except with respect to the disposition of 
individual cases) by the Committee on Rules and Administration 
and the Committee on Governmental Affairs of the Senate and 
the Committee on House Oversight of the House of Representatives, 
(j) OPENING OF OFFICE.—^The Office shall be open for business, 
including receipt of requests for counseling under section 402, not 
later than 1 year after the date of the enactment of this Act. 
(k) FINANCIAL DISCLOSURE REPORTS.—^Members of the Board 
and officers and employees of the Office shall file the 
financial 
disclosure reports required under title I of the Ethics in Government 
Act of 1978 with the Clerk of the House of Representatives. 
2 use 1382. 
SEC. 302, OFFICERS, STAFF, AND OTHER PERSONNEL. 
(a) EXECUTIVE DIRECTOR.— 
(1) APPOINTMENT AND REMOVAL.— 
(A) IN GENERAL.—^The Chair, subject to the approval 
of the Board, shall appoint and may remove an Executive 
Director. Selection and appointment of the Executive Direc-
tor shall be without regard to political affiliation and solely 
on the basis of fitness to perform the duties of the Office. 
The first Executive Director shall be appointed no later 
than 90 days after the initial appointment of the Board 
of Directors. 
(B) QUALIFICATIONS.—^The Executive Director shall be 
an individual with training or expertise in the application 
of laws referred to in section 102(a). 
(C) DISQUALIFICATIONS.—^The disqualifications in sec-
tion 301(d)(2) shall apply to the appointment of the Execu-
tive Director. 
(2) COMPENSATION.—^The Chair may fix the compensation 
of the Executive Director. The rate of pay for the Executive 
Director may not exceed the annual rate of basic pay prescribed 
for level V of the Executive Schedule under section 5316 of 
title 5, United States Code. 
(3) TERM.—^The term of office of the Executive Director 
shall be a single term of 5 years, except that the first Executive 
Director shall have a single term of 7 years. 
(4) DUTIES.—The Executive Director shall serve as the 
chief operating officer of the Office. Except as otherwise speci-
fied in this Act, the Executive Director shall cgrry out all 
of the responsibilities of the Office under this Act. 
PUBLIC LAW 104-1-^AN. 23, 1995 
109 STAT. 27 
(b) DEPUTY EXECUTIVE DIRECTORS.— 
(1) IN GENERAL.—The Chair, subject to the approval of 
the Board, shall appoint and may remove a Deputy Executive 
Director for the Senate and a Deputy Executive Director for 
the House of Representatives. Selection and appointment of 
a Deputy Executive Director shall be without regard to political 
affiliation and solely on the basis of fitness to perform the 
duties of the office. The disqualifications in section 301(d)(2) 
shall apply to the appointment of a Deputy Executive Director. 
(2) TERM.—^The term of office of a Deputy Executive Direc-
tor shall be a single term of 5 years, except that the first 
Deputy Executive Directors shall have a single term of 6 years. 
(3) COMPENSATION.—^The Chair may fix the compensation 
of the Deputy Executive Directors. The rate of pay for a Deputy 
Executive Director may not exceed 96 percent of the annual 
rate of basic pay prescribed for level V of the Executive Schedule 
under section 5316 of title 5, United States Code. 
(4) DUTIES.—^The Deputy Executive Director for the Senate 
shall recommend to the Board regulations under section 
304(a)(2)(B)(i), maintain the regulations and all records pertain-
ing to the regulations, and shall assume such other responsibil-
ities as may be delegated by the Executive Director. The Deputy 
Executive Director for the House of Representatives shall rec-
ommend 
to 
the 
Board 
the 
regulations 
under 
section 
304(a)(2)(B)(ii), maintain the regulations and all records 
pertaining to the regulations, and shall assume such other 
responsibilities as may be delegated by the Executive Director. 
(c) GENERAL COUNSEL.— 
(1) IN GENERAL.—The Chair, subject to the approval of 
the Board, shall appoint a General Counsel. Selection and 
appointment of the General Counsel shall be without regard 
to political affiliation and solely on the basis of fitness to 
perform the duties of the Office. The disqualifications in section 
301(d)(2) shall apply to the appointment of a General Counsel. 
(2) COMPENSATION.—^The Chair may fix the compensation 
of the General Counsel. The rate of pay for the General Counsel 
may not exceed the annual rate of basic pay prescribed for 
level V of the Executive Schedule under section 5316 of title 
5, United States Code. 
(3) DUTIES.—^The General Counsel shall— 
(A) exercise the authorities and perform the duties 
of the General Counsel as specified in this Act; and 
(B) otherwise assist the Board and the Executive Direc-
tor in carrying out their duties and powers, including rep-
resenting the Office in any judicial proceeding under this 
Act. 
(4) ATTORNEYS IN THE OFFICE OF THE GENERAL COUNSEL.— 
The General Counsel shall appoint, and fix the compensation 
of, and may remove, such additional attorneys as may be nec-
essary to enable the General Counsel to perform the General 
Counsel's duties. 
(5) TERM.—^The term of office of the General Counsel shall 
be a single term of 5 years. 
(6) REMOVAL.— 
(A) AUTHORITY.—^The General Counsel may be removed 
from office by the Chair but only for— 
109 STAT. 28 
PUBLIC LAW 104-1—JAN. 23, 1995 
2 u s e 1383. 
Congressional 
Record, 
publication. 
Congressional 
Record, 
publication. 
(i) disability that substantially prevents the Gen-
eral Counsel from carrying out the duties of the Gen-
eral Counsel, 
(ii) incompetence, 
(iii) neglect of duty, 
(iv) malfeasance, including a felony or conduct 
involving moral turpitude, or 
(v) holding an office or employment or engaging 
in an activity that disqualifies the individual from 
service as the General Counsel under paragraph (1). 
(B) STATEMENT OF REASONS FOR REMOVAL.—In remov-
ing the General Counsel, the Speaker of the House of 
Representatives and the President pro tempore of the Sen-
ate shall state in writing to the General Counsel the specific 
reasons for the removal. 
(d) OTHER STAFF.—^The Executive Director shall appoint, and 
fix the compensation of, and may remove, such other additional 
staff, including hearing officers, but not including attorneys 
employed in the office of the General Counsel, as may be necessary 
to enable the Office to perform its duties. 
(e) DETAILED PERSONNEL.—The Executive Director may, with 
the prior consent of the department or agency of the Federal Govern-
ment concerned, use on a reimbursable or nonreimbursable basis 
the services of personnel of any such department or agency, includ-
ing the services of members or personnel of the General Accounting 
Office Personnel Appeals Board. 
(f) CONSULTANTS.—In carrying out the functions of the Office, 
the Executive Director may procure the temporary (not to exceed 
1 year) or intermittent services of consultants. 
SEC. 303. PROCEDURAL RULES. 
(a) IN GENERAL.—^The Executive Director shall, subject to the 
approval of the Board, adopt rules governing the procedures of 
the Office, including the procedures of hearing officers, which shall 
be submitted for publication in the Congressional Record. The rules 
may be amended in the same manner. 
(b) PROCEDURE.—^The Executive Director shall adopt rules 
referred to in subsection (a) in accordance with the principles and 
procedures set forth in section 553 of title 5, United States Code. 
The Executive Director shall publish a general notice of proposed 
rulemaking under section 553(b) of title 5, United States Code, 
but, instead of publication of a general notice of proposed rule-
making in the Federal Register, the Executive Director shall trans-
mit such notice to the Speaker of the House of Representatives 
and the President pro tempore of the Senate for publication in 
the Congressional Record on the first day on which both Houses 
are in session following such transmittal. Before adopting rules, 
the Executive Director shall provide a comment period of at least 
30 days after publication of a general notice of proposed rulemaking. 
Upon adopting rules, the Executive Director shall transmit notice 
of such action together with a copy of such rules to the Speaker 
of the House of Representatives and the President pro tempore 
of the Senate for publication in the Congressional Record on the 
first day on which both Houses are in session following such 
transmittal. Rules shall be considered issued by the Executive Direc-
tor as of the date on which they are published in the Congressional 
Record. 
PUBLIC LAW 104-1—JAN. 23, 1995 
109 STAT. 29 
SEC. 304. SUBSTANTIVE REGULATIONS. 
(a) REGULATIONS.— 
(1) IN GENERAL.—^The procedures applicable to the regula-
tions of the Board issued for the implementation of this Act, 
which shall include regulations the Board is required to issue 
under title II (including regulations on the appropriate applica-
tion of exemptions under the laws made applicable in title 
II) are as prescribed in this section. 
(2) RULEMAKING PROCEDURE.—Such regulations of the 
Board— 
(A) shall be adopted, approved, and issued in accord-
ance with subsection (b); and 
(B) shall consist of 3 separate bodies of regulations, 
which shall apply, respectively, to— 
(i) the Senate and employees of the Senate; 
(ii) the House of Representatives and employees 
of the House of Representatives; and 
(iii) all other covered employees and employing 
offices. 
(b) ADOPTION BY THE BOARD.—^The Board shall adopt the regu-
lations referred to in subsection (a)(1) in accordance with the prin-
ciples and procedures set forth in section 553 of title 5, United 
States Code, and as provided in the following provisions of this 
subsection: 
(1) PROPOSAL.—^The Board shall publish a general notice 
of proposed rulemaking under section 553(b) of title 5, United 
States Code, but, instead of publication of a general notice 
of proposed rulemaking in the Federal Register, the Board 
shall transmit such notice to the Speaker of the House of 
Representatives and the President pro tempore of the Senate 
for publication in the Congressional Record on the first day 
on which both Houses are in session following such transmittal. 
Such notice shall set forth the recommendations of the Deputy 
Director for the Senate in regard to regulations under sub-
section (a)(2)(B)(i), the recommendations of the Deputy Director 
for the House of Representatives in regard to regulations under 
subsection (a)(2)(B)(ii), and the recommendations of the Execu-
tive Director for regulations under subsection (a)(2)(B)(iii). 
(2) COMMENT.—Before adopting regulations, the Board 
shall provide a comment period of at least 30 days after publica-
tion of a general notice of proposed rulemaking. 
(3) ADOPTION.—^After considering comments, the Board 
shall adopt regulations and shall transmit notice of such action 
together with a copy of such regulations to the Speaker of 
the House of Representatives and the President pro tempore 
of the Senate for publication in the Congressional Record on 
the first day on which both Houses are in session following 
such transmittal. 
(4) RECOMMENDATION AS TO METHOD OF APPROVAL.—^The 
Board shall include a recommendation in the general notice 
of proposed rulemaking and in the regulations as to whether 
the regulations should be approved by resolution of the Senate, 
by resolution of the House of Representatives, by concurrent 
resolution, or by joint resolution. 
(c) APPROVAL OF REGULATIONS.— 
(1) IN GENERAL.—Regulations referred to in paragraph 
(2)(B)(i) of subsection (a) may be approved by the Senate by 
2 u s e 1384. 
Congressional 
Record, 
publication. 
Congressional 
Record, 
publication. 
109 STAT. 30 
PUBLIC LAW 104-1—JAN. 23, 1995 
Congressional 
Record, 
publication. 
ed 
resolution or by the Congress by concurrent resolution or by 
joint resolution. Regulations referred to in paragraph (2)(B)(ii) 
of subsection (a) may be approved by the House of Representa-
tives by resolution or by the Congress by concurrent resolution 
or by joint resolution. Regulations referred to in paragraph 
(2)(B)(iii) may be approved by Congress by concurrent resolution 
or by joint resolution. 
(2) REFERRAL.—Upon receipt of a notice of adoption of 
regulations under subsection (b)(3), the presiding officers of 
the House of Representatives and the Senate shall refer such 
notice, together with a copy of such regulations, to the appro-
priate committee or committees of the House of Representatives 
and of the Senate. The purpose of the referral shall be to 
consider whether such regulations should be aDproved, and, 
if so, whether such approval should be by resolution of the 
House of Representatives or of the Senate, by concurrent resolu-
tion or by joint resolution. 
(3) JOINT REFERRAL AND DISCHARGE IN THE SENATE.—^The 
presiding officer of the Senate may refer the notice of issuance 
of regulations, or any resolution of approval cf regulations, 
to one committee or jointly to more than one committee. If 
a committee of the Senate acts to report a jointly referred 
measure, any other committee of the Senate must act within 
30 calendar days of continuous session, or be automatically 
discharged. 
(4) ONE-HOUSE RESOLUTION OR CONCURRENT RESOLUTION.— 
In the case of a resolution of the House of Representatives 
or the Senate or a concurrent resolution referred to in para-
graph (1), the matter after the resolving clause shall be the 
following: "The following regulations issued by the Office of 
Compliance on 
are hereby approved:" (the blank space 
being appropriately filled in, and the text of the regulations 
being set forth). 
(5) JOINT RESOLUTION.—In the case of a joint resolution 
referred to in paragraph (1), the matter after the resolving 
clause shall be the following: "The following regulations issued 
by the Office of Compliance on 
are hereby t pproved and 
shall have the force and effect of law:" (the blank space being 
appropriately filled in, and the text of the regulations being 
set forth). 
(d) ISSUANCE AND EFFECTIVE DATE.— 
(1) PUBLICATION.—^After approval of regulations under sub-
section (c), the Board shall submit the regulations to the 
Speaker of the House of Representatives and the President 
pro tempore of the Senate for publication in the Congressional 
Record on the first day on which both Houses are in session 
following such transmittal. 
(2) DATE OF ISSUANCE.—^The date of issuance of regulations 
shall be the date on which they are published in the Congres-
sional Record under paragraph (1). 
(3) EFFECTIVE DATE.—Regulations shall becom-3 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 amend-
in the same manner as is described in this section for the 
PUBLIC LAW 104-1-^AN. 23, 1995 
109 STAT. 31 
adoption, approval, and issuance of regulations, except that the 
Board may, in its discretion, dispense with publication of a general 
notice of proposed rulemaking of minor, technical, or urgent amend-
ments that satisfy the criteria for dispensing with publication of 
such notice pursuant to section 553(b)(B) of title 5, United States 
Code. 
(f) RIGHT TO PETITION FOR RULEMAKING.—^Any interested party 
may petition to the Board for the issuance, amendment, or repeal 
of a regulation. 
(g) CONSULTATION.—^The Executive Director, the Deputy Direc-
tors, and the Board— 
(1) shall consult, with regard to the development of regula-
tions, with— 
(A) the Chair of the Administrative Conference of the 
United States; 
(B) the Secretary of Labor; 
(C) the Federal Labor Relations Authority; and 
(D) the Director of the Office of Personnel Management; 
and 
(2) may consult with any other persons with whom con-
sultation, in the opinion of the Board, the Executive Director, 
or Deputy Directors, may be helpful. 
SEC. 305. EXPENSES. 
2 USC 1385. 
(a) AUTHORIZATION OF APPROPRIATIONS.—^Beginning in fiscal 
year 1995, and for each fiscal year thereafter, there are authorized 
to be appropriated for the expenses of the Office such sums as 
may be necessary to carry out the functions of the Office. Until 
sums are first appropriated pursuant to the preceding sentence, 
but for a period not exceeding 12 months following the date of 
the enactment of this Act— 
(1) one-half of the expenses of the Office shall be paid 
from funds appropriated for allowances and expenses of the 
House of Representatives, and 
(2) one-half of the expenses of the Office shall be paid 
from funds appropriated for allowances and expenses of the 
Senate, 
upon vouchers approved by the Executive Director, except that 
a voucher shall not be required for the disbursement of salaries 
of employees who are paid at an annual rate. The Clerk of the 
House of Representatives and the Secretary of the Senate are 
authorized to make arrangements for the division of expenses under 
this subsection, including arrangements for one House of Congress 
to reimburse the other House of Congress. 
(b) FINANCIAL AND ADMINISTRATIVE SERVICES.—^The Executive 
Director may place orders and enter into agreements for goods 
and services with the head of any agency, or major organizational 
unit within an agency, in the legislative or executive branch of 
the United States in the same manner and to the same extent 
as agencies are authorized under sections 1535 and 1536 of title 
31, United States Code, to place orders and enter into agreements. 
(c) WITNESS 
FEES AND ALLOWANCES.—Except for covered 
employees, witnesses before a hearing officer or the Board in any 
proceeding under this Act other than rulemaking shall be paid 
the same fee and mileage allowances as are paid subpoenaed wit-
nesses in the courts of the United States. Covered employees who 
are summoned, or are assigned by their employer, to testify in 
109 STAT. 32 
PUBLIC LAW 104-l^JAN. 23, 1995 
their official capacity or to produce official records in any proceeding 
under this Act shall be entitled to travel expenses under subchapter 
I and section 5751 of chapter 57 of title 5, United States Code. 
TITLE IV—ADMINISTRATIVE AND JUDI-
CIAL DISPUTE-RESOLUTION PROCE-
DURES 
2 use 1401. 
SEC. 401. PROCEDURE FOR CONSIDERATION OF ALLEGED VIOLATIONS. 
Except as otherwise provided, the procedure for consideration 
of alleged violations of part A of title II consists of— 
(1) counseling as provided in section 402; 
(2) mediation as provided in section 403; and 
(3) election, as provided in section 404, of either— 
(A) a formal complaint and hearing as provided in 
section 405, subject to Board review as provided in section 
406, and judicial review in the United States Court of 
Appeals for the Federal Circuit as provided in section 407, 
or 
(B) a civil action in a district court of the United 
States as provided in section 408. 
In the case of an employee of the Office of the Architect of the 
Capitol or of the Capitol Police, the Executive Director, after receiv-
ing a request for counseling under section 402, may recommend 
that the employee use the grievance procedures of the Architect 
of the Capitol or the Capitol Police for resolution of the employee's 
grievance for a specific period of time, which shall not count against 
the time available for counseling or mediation. 
2 use 1402. 
SEC. 402. COUNSELING. 
(a) IN GENERAL.—^To commence a proceeding, a covered 
employee alleging a violation of a law made applicable under part 
A of title II shall request counseling by the Office. The Office 
shall provide the employee with all relevant information with 
respect to the rights of the employee. A request for counseling 
shall be made not later than 180 days after the date of the alleged 
violation. 
(b) PERIOD OF COUNSELING.—^The period for counseling shall 
be 30 days unless the employee and the Office agree to reduce 
the period. The period shall begin on the date the request for 
counseling is received. 
(c) NOTIFICATION OF END OF COUNSELING PERIOD.—^The Office 
shall notify the employee in writing when the counseling period 
has ended. 
2 use 1403. 
SEC. 403. MEDIATION. 
(a) INITIATION.—Not later than 15 days after receipt by the 
employee of notice of the end of the counseling period under section 
402, but prior to and as a condition of making an election under 
section 404, the covered employee who alleged a violation of a 
law shall file a request for mediation with the Office. 
(b) PROCESS.—Mediation under this section— 
(1) may include the Office, the covered employee, the 
employing office, and one or more individuals appointed by 
the Executive Director after considering recommendations by 
PUBLIC LAW 104-1-JAN. 23, 1995 
109 STAT. 33 
organizations composed primarily of individuals experienced 
in adjudicating or arbitrating personnel matters, and 
(2) shall involve meetings with the parties separately or 
jointly for the purpose of resolving the dispute between the 
covered employee and the emplo3dng office. 
(c) MEDIATION PERIOD.—^The mediation period shall be 30 days 
beginning on the date the request for mediation is received. The 
mediation period may be extended for additional periods at the 
joint request of the covered employee and the employing office. 
The Office shall notify in writing the covered employee and the Notification, 
employing office when the mediation period has ended. 
(d) INDEPENDENCE OF MEDIATION PROCESS.—No individual, who 
is appointed by the Executive Director to mediate, may conduct 
or aid in a hearing conducted under section 405 with respect to 
the same matter or shall be subject to subpoena or any other 
compulsory process with respect to the same matter. 
SEC. 404. ELECTION OF PROCEEDING. 
2 USC 1404. 
Not later than 90 days after a covered employee receives notice 
of the end of the period of mediation, but no sooner than 30 
days after receipt of such notification, such covered employee may 
either— 
(1) file a complaint with the Office in accordance with 
section 405, or 
(2) file a civil action in accordance with section 408 in 
the United States district court for the district in which the 
employee is employed or for the District of Columbia. 
SEC. 405. COMPLAINT AND HEARING. 
2 USC 1405. 
(a) IN GENERAL.—^A covered employee may, upon the completion 
of mediation under section 403, file a complaint with the Office. 
The respondent to the complaint shall be the employing office— 
(1) involved in the violation, or 
(2) in which the violation is alleged to have occurred, 
and about which mediation was conducted. 
(b) DISMISSAL.—^A hearing officer may dismiss any claim that 
the hearing officer finds to be frivolous or that fails to state a 
claim upon which relief may be granted. 
(c) HEARING OFFICER.— 
(1) APPOINTMENT.—^Upon the filing of a complaint, the 
Executive Director shall appoint an independent hearing officer 
to consider the complaint and render a decision. No Member 
of the House of Representatives, Senator, officer of either the 
House of Representatives or the Senate, head of an employing 
office, member of the Board, or covered employee may be 
appointed to be a hearing officer. The Executive Director shall 
select hearing officers on a rotational or random basis from 
the lists developed under paragraph (2). Nothing in this section 
shall prevent the appointment of hearing officers as full-time 
employees of the Office or the selection of hearing officers 
on the basis of specialized expertise needed for particular mat-
ters. 
(2) LISTS.—^The Executive Director shall develop master 
lists, composed of— 
(A) members of the bar of a State or the District 
of Columbia and retired judges of the United States courts 
who are experienced in adjudicating or arbitrating the 
109 STAT. 34 
PUBLIC LAW 104-1—JAN. 23, 1995 
kinds of personnel and other matters for which hearings 
may be held under this Act, and 
(B) individuals expert in technical matters relating 
to accessibility and usability by persons with disabilities 
or technical matters relating to occupational safety and 
health. 
In developing lists, the Executive Director shall consider can-
didates recommended by the Federal Mediation and Concilia-
tion Service or the Administrative Conference of the United 
States. 
(d) HEARING.—^Unless a complaint is dismissed before a hearing, 
a hearing shall be— 
Records. 
(1) conducted in closed session on the record by the hearing 
officer; 
(2) commenced no later than 60 days after filing of the 
complaint under subsection (a), except that the Office may, 
for good cause, extend up to an additional 30 days the time 
for commencing a hearing; and 
(3) conducted, except as specifically provided in this Act 
and to the greatest extent practicable, in accordance with the 
principles and procedures set forth in sections 554 through 
557 of title 5, United States Code. 
(e) DISCOVERY.—Reasonable prehearing discovery may be per-
mitted at the discretion of the hearing officer. 
(f) SUBPOENAS.— 
(1) IN GENERAL.—^At the request of a party, a hearing 
officer may issue subpoenas for the attendance of witnesses 
and for the production of correspondence, books, papers, docu-
ments, and other records. The attendance of witnesses and 
the production of records may be required from any place 
within the United States. Subpoenas shall be served in the 
manner provided under rule 45(b) of the Federal Rules of 
Civil Procedure. 
(2) OBJECTIONS.—If a person refuses, on the basis of rel-
evance, privilege, or other objection, to testify in response to 
a question or to produce records in connection with a proceeding 
before a hearing officer, the hearing officer shall rule on the 
objection. At the request of the witness or any party, the 
hearing officer shall (or on the hearing officer's own initiative, 
the hearing officer may) refer the ruling to the Board for 
review. 
(3) ENFORCEMENT.— 
(A) IN GENERAL.—If a person fails to comply with a 
subpoena, the Board may authorize the General Counsel 
to apply, in the name of the Office, to an appropriate 
United States district court for an order requiring that 
person to appear before the hearing officer to give testimony 
or produce records. The application may be made within 
the judicial district where the hearing is conducted or 
where that person is found, resides, or transacts business. 
Any failure to obey a lawful order of the district court 
issued pursuant to this section may be held by such court 
to be a civil contempt thereof. 
(B) SERVICE OF PROCESS.—Process in an action or con-
tempt proceeding pursuant to subparagraph (A) may be 
served in any judicial district in which the person refusing 
or failing to comply, or threatening to refuse or not to 
PUBLIC LAW 104-l^JAN. 23, 1995 
109 STAT. 35 
comply, resides, transacts business, or may be found, and 
subpoenas for witnesses who are required to attend such 
proceedings may run into any other district. 
(g) DECISION.—^The hearing officer shall issue a written decision 
as expeditiously as possible, but in no case more than 90 days 
after the conclusion of the hearing. The written decision shall 
be transmitted by the Office to the parties. The decision shall 
state the issues raised in the complaint, describe the evidence 
in the record, contain findings of fact and conclusions of law, contain 
a determination of whether a violation has occurred, and order 
such remedies as are appropriate pursuant to title II. The decision Records, 
shall be entered in the records of the Office. If a decision is not 
appealed under section 406 to the Board, the decision shall be 
considered the final decision of the Office. 
(h) PRECEDENTS.—^A hearing officer who conducts a hearing 
under this section shall be guided by judicial decisions under the 
laws made applicable by section 102 and by Board decisions under 
this Act. 
SEC. 406. APPEAL TO THE BOARD. 
2 USC 1406. 
(a) IN GENERAL.—^Any party aggrieved by the decision of a 
hearing officer under section 405(g) may file a petition for review 
by the Board not later than 30 days after entry of the decision 
in the records of the Office. 
(b) PARTIES' OPPORTUNITY TO SUBMIT ARGUMENT.—^The parties 
to the hearing upon which the decision of the hearing officer was 
made shall have a reasonable opportunity to be heard, through 
written submission and, in the discretion of the Board, through 
oral argument. 
(c) STANDARD OF REVIEW.—The Board shall set aside a decision 
of a hearing officer if the Board determines that the decision was— 
(1) arbitrary, capricious, an abuse of discretion, or other-
wise not consistent with law; 
(2) not made consistent with required procedures; or 
(3) unsupported by substantial evidence. 
(d) RECORD.—In making determinations under subsection (c), 
the Board shall review the whole record, or those parts of it cited 
by a party, and due account shall be taken of the rule of prejudicial 
error. 
(e) DECISION.—^The Board shall issue a written decision setting 
forth the reasons for its decision. The decision may affirm, reverse, 
or remand to the hearing officer for further proceedings. A decision Records, 
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 ENFORCE- 
2 USC 1407. 
MENT. 
(a) JURISDICTION.— 
(1) JUDICIAL REVIEW.—^The United States Court of Appeals 
for the Federal Circuit shall have jurisdiction over any proceed-
ing commenced by a petition of— 
(A) a party aggrieved by a final decision of the Board 
under section 406(e) in cases arising under part A of title 
II, 
(B) a charging individual or a respondent before the 
Board who files a petition under section 210(d)(4), 
(C) the General Counsel or a respondent before the 
Board who files a petition under section 215(c)(5), or 
109 STAT. 36 
PUBLIC LAW 104-1-^AN. 23, 1995 
(D) the General Counsel or a respondent before the 
Board who files a petition under section 220(c)(3). 
The court of appeals shall have exclusive jurisdiction to set 
aside, suspend (in whole or in part), to determine the validity 
of, or otherwise review the decision of the Board. 
(2) ENFORCEMENT.—The United States Court of Appeals 
for the Federal Circuit shall have jurisdiction over any petition 
of the General Counsel, filed in the name of the Office and 
at the direction of the Board, to enforce a final decision under 
section 405(g) or 406(e) with respect to a violation of part 
A, B,C, or D of title II. 
(b) PROCEDURES.— 
(1) RESPONDENTS.—(A) In any proceeding commenced by 
a petition filed under subsection (a)(1) (A) or (B), or filed by 
a party other than the General Counsel under subsection (a)(1) 
(C) or (D), the Office shall be named respondent and any 
party before the Board may be named respondent by filing 
a notice of election with the court within 30 days after service 
of the petition. 
(B) In any proceeding commenced by a petition filed by 
the General Counsel under subsection (a)(1) (C) or (D), the 
prevailing party in the final decision entered under section 
406(e) shall be named respondent, and any other party before 
the Board may be named respondent by filing a notice of 
election with the court within 30 days after service of the 
petition. 
(C) In any proceeding commenced by a petition filed under 
subsection (a)(2), the party under section 405 or 406 that the 
General Counsel determines has failed to comply with a final 
decision under section 405(g) or 406(e) shall be named respond-
ent. 
(2) INTERVENTION.—^Any party that participated in the 
proceedings before the Board under section 406 and that was 
not made respondent under paragraph (1) may intervene as 
of right. 
(c) LAW APPLICABLE.—Chapter 158 of title 28, United States 
Code, shall apply to judicial review under paragraph (1) of sub-
section (a), except that— 
(1) with respect to section 2344 of title 28, United States 
Code, service of a petition in any proceeding in which the 
Office is a respondent shall be on the General Counsel rather 
than on the Attorney General; 
(2) the provisions of section 2348 of title 28, United States 
Code, on the authority of the Attorney General, shall not apply; 
(3) the petition for review shall be filed not later than 
90 days after the entry in the Office of a final decision under 
section 406(e); and 
(4) the Office shall be an "agency" as that term is used 
in chapter 158 of title 28, United States Code. 
(d) STANDARD OF REVIEW.—^To the extent necessary for decision 
in a proceeding commenced under subsection (a)(1) and when pre-
sented, the court shall decide all relevant questions of law and 
interpret constitutional and statutory provisions. The court shall 
set aside a final decision of the Board if it is determined that 
the decision was— 
(1) arbitrary, capricious, an abuse of discretion, or other-
wise not consistent with law; 
i-^tim.T' 
PUBLIC LAW 104-1-JAN. 23, 1995 
109 STAT. 37 
(2) not made consistent with required procedures; or 
(3) unsupported by substantial evidence. 
(e) RECORD.—In making determinations under subsection (d), 
the court shall review the whole record, or those parts of it cited 
by a party, and due account shall be taken of the rule of prejudicial 
error. 
SEC. 408. CIVIL ACTION. 
2 USC 1408. 
(a) JURISDICTION.—^The district courts of the United States 
shall have jurisdiction over any civil action commenced under sec-
tion 404 and this section by a covered employee who has completed 
counseling under section 402 and mediation under section 403. 
A civil action may be commenced by a covered employee only 
to seek redress for a violation for which the employee has completed 
counseling and mediation. 
(b) PARTIES.—^The defendant shall be the employing office 
alleged to have committed the violation, or in which the violation 
is alleged to have occurred. 
(c) JURY TRIAL.—^Any party may demand a jury trial where 
a jury trial would be available in an action against a private 
defendant under the relevant law made applicable by this Act. 
In any case in which a violation of section 201 is alleged, the 
court shall not inform the jury of the maximum amount of compen-
satory damages available under section 201(b)(1) or 201(b)(3). 
SEC. 409. JUDICIAL REVIEW OF REGULATIONS. 
2 USC 1409. 
In any proceeding brought under section 407 or 408 in which 
the application of a regulation issued under this Act is at issue, 
the court may review the validity of the regulation in accordance 
with the provisions of subparagraphs (A) through (D) of section 
706(2) of title 5, United States Code, except that with respect 
to regulations approved by a joint resolution under section 304(c), 
only the provisions of section 706(2)(B) of title 5, United States 
Code, shall apply. If the court determines that the regulation is 
invalid, the court shall apply, to the extent necessary and appro-
priate, 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. 
2 USC 1410. 
Except as expressly authorized by sections 407, 408, and 409, 
the compliance or noncompliance with the provisions of this Act 
and any action taken pursuant to this Act shall not be subject 
to judicial review. 
SEC. 411. EFFECT OF FAILURE TO ISSUE REGULATIONS. 
2 USC 1411. 
In any proceeding under section 405, 406, 407, or 408, except 
a proceeding to enforce section 220 with respect to offices listed 
under section 220(e)(2), if the Board has not issued a regulation 
on a matter for which this Act requires a regulation to be issued, 
the hearing officer. Board, or court, as the case may be, shall 
apply, to the extent necessary and appropriate, the most relevant 
substantive executive agency regulation promulgated to implement 
the statutory provision at issue in the proceeding. 
109 STAT. 38 
PUBLIC LAW 104-1—JAN. 23, 1995 
2 use 1412. 
SEC. 412. EXPEDITED REVIEW OF CERTAIN APPEALS. 
(a) IN GENERAL.—^An appeal may be taken directly to the 
Supreme Court of the United States from any interlocutory or 
final judgment, decree, or order of a court upon the constitutionality 
of any provision of this Act. 
(b) JURISDICTION.—^The Supreme Court shall, if it has not pre-
viously 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. 
2 use 1413. 
SEC. 413. PRIVILEGES AND IMMUNITIES. 
The authorization to bring judicial proceedings under sections 
405(f)(3), 407, and 408 shall not constitute a waiver of sovereign 
immunity for any other purpose, or of the privileges of any Senator 
or Member of the House of Representatives under article I, section 
6, clause 1, of the Constitution, or a waiver of any power of either 
the Senate or the House of Representatives under the Constitution, 
including under article I, section 5, clause 3, or under the rules 
of either House relating to records and information within its juris-
diction. 
2 use 1414. 
SEC. 414. SETTLEMENT OF COMPLAINTS. 
Any settlement entered into by the parties to a process 
described in section 210, 215, 220, or 401 shall be in writing 
and not become effective unless it is approved by the Executive 
Director. Nothing in this Act shall affect the power of the Senate 
and the House of Representatives, respectively, to establish rules 
governing the process by which a settlement may be entered into 
by such House or by any employing office of such House. 
SEC. 415. PAYMENTS. 
(a) AWARDS AND SETTLEMENTS.—Except as provided in sub-
section (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 appro-
priated 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 Greneral Accounting Office, 
the Government Printing Office, or the Library of Congress. 
(b) COMPLIANCE.—Except as provided in subsection (c), there 
are authorized to be appropriated such sums as may be necessary 
for administrative, personnel, and similar expenses of employing 
offices which are needed to comply with this Act. 
(c) OSHA, ACCOMMODATION, AND ACCESS REQUIREMENTS.— 
Funds to correct violations of section 201(a)(3), 210, or 215 of 
this Act may be paid only from funds appropriated to the employing 
office or entity responsible for correcting such violations. There 
are authorized to be appropriated such sums as may be necessary 
for such funds. 
2 use 1416. 
SEC. 416. CONFIDENTIALITY. 
(a) COUNSELING.—^All counseling shall be strictly confidential, 
except that the Office and a covered employee may agree to notify 
the employing office of the allegations. 
(b) MEDIATION.—^All mediation shall be strictly confidential. 
(c) HEARINGS AND DELIBERATIONS.—^Except as provided in sub-
sections (d), (e), and (f), all proceedings and deliberations of hearing 
Appropriation 
authorization. 
2 use 1415. 
'\S-i^i* 
PUBLIC LAW 104-1—JAN. 23, 1995 
109 STAT. 39 
officers and the Board, including any related records, shall be 
confidential. This subsection shall not apply to proceedings under 
section 215, but shall apply to the deliberations of hearing officers 
and the Board under that section. 
(d) RELEASE OF RECORDS FOR JUDICIAL ACTION.—The records 
of hearing officers and the Board may be made public if required 
for the purpose of 
judicial review under section 407. 
(e) ACCESS BY COMMITTEES OF CONGRESS.—^At the discretion 
of the Executive Director, the Executive Director may provide to 
the Committee on Standards of Official Conduct of the House of 
Representatives and the Select Committee on Ethics of the Senate 
access to the records of the hearings and decisions of the hearing 
officers and the Board, including all written and oral testimony 
in the possession of the Office. The Executive Director shall not 
provide such access until the Executive Director has consulted 
with the individual filing the complaint at issue, and until a final 
decision has been entered under section 405(g) or 406(e). 
(f) FINAL DECISIONS.—^A final decision entered under section Public 
405(g) or 406(e) shall be made public if it is in favor of the complain- information, 
ing covered employee, or in favor of the charging party under 
section 210, or if the decision reverses a decision of a hearing 
officer which had been in favor of the covered employee or charging 
party. The Board may make public any other decision at its discre-
tion. 
TITLE V—MISCELLANEOUS PROVISIONS 
SEC. 501. EXERCISE OF RULEMAKING POWERS. 
2 USC 1431. 
The provisions of sections 102(b)(3) and 304(c) are enacted— 
(1) as an exercise of the rulemaking power of the House 
of Representatives and the Senate, respectively, and as such 
they shall be considered as part of the rules of such House, 
respectively, and such rules shall supersede other rules only 
to the extent that they are inconsistent therewith; and 
(2) with full recognition of the constitutional right of either 
House to change such rules (so far as relating to such House) 
at any time, in the same manner, and to the same extent 
as in the case of any other rule of each House. 
SEC. 502. POLITICAL AFFILIATION AND PLACE OF RESIDENCE. 
2 USC 1432. 
(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 employ-
ment 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; 
109 STAT. 40 
PUBLIC LAW 104~1-JAN. 23, 1995 
(3) an employee on the staff of a Member of the House 
of Representatives or on the staff of a Senator; 
(4) an officer of the House of Representatives or the Senate 
or a congressional employee who is elected by the House of 
Representatives or Senate or is appointed by a Member of 
the House of Representatives or by a Senator (in addition 
an employee described in paragraph (1), (2), or (3)); or 
(5) an applicant for a position that is to be occupied by 
an individual described in any of paragraphs (1) through (4). 
2 u s e 1433. 
SEC. 503. NONDISCRIMINATION RULES OF THE HOUSE AND SENATE. 
The Select Committee on Ethics of the Senate and the Commit-
tee on Standards of Official Conduct of the House of Representatives 
retain full power, in accordance with the authority provided to 
them by the Senate and the House, with respect to the discipline 
of Members, officers, and employees for violating rules of the Senate 
and the House on nondiscrimination in employment. 
SEC. 504. TECHNICAL AND CONFORMING AMENDMENTS. 
(a) CIVIL RIGHTS REMEDIES.— 
(1) Sections 301 and 302 of the Government Employee 
Rights Act of 1991 (2 U.S.C. 1201 and 1202) are amended 
to read as follows: 
"SEC. 301. GOVERNMENT EMPLOYEE RIGHTS ACT OF 1991. 
"(a) SHORT TITLE.—^This title may be cited as the 'Government 
Employee Rights Act of 1991'. 
"(b) PURPOSE.—^The purpose of this title is to provide procedures 
to protect the rights of certain government employees, with respect 
to their public employment, to be free of discrimination on the 
basis of race, color, religion, sex, national origin, age, or disability. 
"(c) DEFINITION.—For purposes of this title, the term 'violation' 
means a practice that violates section 302(a) of this title. 
"SEC. 302. DISCRIMINATORY PRACTICES PROHIBITED. 
"(a) PRACTICES.—^All personnel actions affecting the Presidential 
appointees described in section 303 or the State employees described 
in section 304 shall be made free from any discrimination based 
on— 
"(1) race, color, religion, sex, or national origin, within 
the meaning of section 717 of the Civil Rights Act of 1964 
(42 U.S.C. 2000e-16); 
"(2) age, within the meaning of section 15 of the Age 
Discrimination in Employment Act of 1967 (29 U.S.C. 633a); 
or 
"(3) disability, within the meaning of section 501 of the 
Rehabilitation Act of 1973 (29 U.S.C. 791) and sections 102 
through 104 of the Americans with Disabilities Act of 1990 
(42 U.S.C. 12112-14). 
"(b) REMEDIES.—^The remedies referred to in sections 303(a)(1) 
and 304(a)— 
"(1) may include, in the case of a determination that a 
violation of subsection (a)(1) or (a)(3) has occurred, such rem-
edies 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 
PUBLIC LAW 104-l^JAN. 23, 1995 
109 STAT. 41 
1977 or sections 1977A(a) and 1977A(b)(2) of the Revised Stat-
utes (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 Emplo3nTient Act of 1967 (29 U.S.C. 
633a(c)); and 
"(3) may not include punitive damages.". 
(2) Sections 303 through 319, and sections 322, 324, and 
325 of the Government Employee Rights Act of 1991 (2 U.S.C. 
1203-1218, 1221, 1223, and 1224) are repealed, except as pro-
vided in section 506 of this Act. 
(3) Sections 320 and 321 of the Government Employee 
Rights Act of 1991 (2 U.S.C. 1219 and 1220) are redesignated 
as sections 303 and 304, respectively. 
(4) Sections 303 and 304 of the Government Employee 
Rights Act of 1991, as so redesignated, are each amended 
by striking "and 307(h) of this title". 
(5) Section 1205 of the Supplemental Appropriations Act 
of 1993 (2 U.S.C. 1207a) is repealed, except as provided in 
section 506 of this Act. 
(b) FAMILY AND MEDICAL LEAVE ACT OF 1993.—^Title V of 
the Family and Medical Leave Act of 1993 (2 U.S.C. 60m et seq.) 
is repealed, except as provided in section 506 of this Act. 
(c) ARCHITECT OF THE CAPITOL.— 
(1) REPEAL.—Section 312(e) of the Architect of the Capitol 
Human Resources Act (Public Law 103-283; 108 Stat. 1444) 40USCi66b-7. 
is repealed, except as provided in section 506 of this Act. 
(2) APPLICATION OF GENERAL ACCOUNTING OFFICE PERSON-
NEL ACT OF 1980.—^The provisions of sections 751, 753, and 
755 of title 31, United States Code, amended by section 312(e) 
of the Architect of the Capitol Human Resources Act, shall 
be applied and administered as if such section 312(e) (and 
the amendments made by such section) had not been enacted. 
31 use 1751 
note. 
SEC. 505. JUDICIAL BRANCH COVERAGE STUDY. 
The Judicial Conference of the United States shall prepare 
a report for submission by the Chief Justice of the United States 
to the Congress on the application to the judicial branch of the 
Federal Government of— 
(1) the Fair Labor Standards Act of 1938 (29 U.S.C. 201 
et seq.); 
(2) title VII of the Civil Rights Act of 1964 (42 U.S.C. 
2000e et seq.); 
(3) the Americans with Disabilities Act of 1990 (42 U.S.C. 
12101 et seq.); 
(4) the Age Discrimination in Emplo3nTient 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-manage-
ment relations) of title 5, United States Code; 
(8) the Employee Polygraph Protection Act of 1988 (29 
U.S.C. 200let seq.); 
2 use 1434. 
Reports. 
109 STAT. 42 
PUBLIC LAW 104-1—JAN. 23, 1995 
(9) the Worker Adjustment and Retraining Notification 
Act (29 U.S.C. 2101 et seq.); 
(10) the RehabiHtation Act of 1973 (29 U.S.C. 701 et seq.); 
and 
(11) chapter 43 (relating to veterans' employment and 
reemployment) of title 38, United States Code. 
The report shall be submitted to Congress not later than December 
31, 1996, and shall include any recommendations the Judicial Con-
ference may have for legislation to provide to employees of the 
judicial branch the rights, protections, and procedures under the 
listed laws, including administrative and judicial relief, that are 
comparable to those available to employees of the legislative branch 
under titles I through IV of this Act. 
2 use 1435. 
SEC. 506. SAVINGS PROVISIONS. 
(a) TRANSITION PROVISIONS FOR EMPLOYEES OF THE HOUSE 
OF REPRESENTATIVES AND OF THE SENATE.— 
(1) CLAIMS ARISING BEFORE EFFECTIVE DATE.—If, as of the 
date on which section 201 takes effect, an employee of the 
Senate or the House of Representatives has or could have 
requested counseling under section 305 of the Government 
Employees Rights Act of 1991 (2 U.S.C. 1205) or Rule LI 
of the House of Representatives, including counseling for 
alleged violations of family and medical leave rights under 
title V of the Family and Medical Leave Act of 1993, the 
employee may complete, or initiate and complete, all procedures 
under the Government Employees Rights Act of 1991 and Rule 
LI, and the provisions of that Act and Rule shall remain in 
effect with respect to, and provide the exclusive procedures 
for, those claims until the completion of all such procedures. 
(2) CLAIMS ARISING BETWEEN EFFECTIVE DATE AND OPENING 
OF OFFICE.—If a claim by an employee of the Senate or House 
of Representatives arises under section 201 or 202 after the 
effective date of such sections, but before the opening of the 
Office for receipt of requests for counseling or mediation under 
sections 402 and 403, the provisions of the Government Employ-
ees 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 com-
plete under that Act or Rule the requirements for counseling 
and mediation under sections 402 and 403. If, after counseling 
and mediation is completed, the Office has not yet opened 
for the filing of a timely complaint under section 405, the 
employee may elect— 
(A) to file a complaint under section 307 of the Govern-
ment Employees Rights Act of 1991 (2 U.S.C. 1207) or 
Rule LI of the House of Representatives, and thereafter 
proceed exclusively under that Act or Rule, the provisions 
of which shall remain in effect until the completion of 
all proceedings in relation to the complaint, or 
(B) to commence a civil action under section 408. 
(3) SECTION 1205 OF THE SUPPLEMENTAL APPROPRIATIONS 
ACT OF 1993.—^With respect to pa3mients of awards and settle-
ments relating to Senate employees under paragraph (1) of 
this subsection, section 1205 of the Supplemental Appropria-
tions Act of 1993 (2 U.S.C. 1207a) remains in effect. 
PUBLIC LAW 104-l^JAN. 23, 1995 
109 STAT. 43 
(b) TRANSITION PROVISIONS FOR EMPLOYEES OF THE ARCHITECT 
OF THE CAPITOL.— 
(1) CLAIMS ARISING BEFORE EFFECTIVE DATE.—If, as of the 
date on which section 201 takes effect, an employee of the 
Architect of the Capitol has or could have filed a charge or 
complaint regarding an alleged violation of section 312(e)(2) 
of the Architect of the Capitol Human Resources Act (Public 
Law 103-283), the employee may complete, or initiate and 
complete, all procedures under section 312(e) of that Act, the 
provisions of which shall remain in effect with respect to, 
and provide the exclusive procedures for, that claim until the 
completion of all such procedures. 
(2) CLAIMS ARISING BETWEEN EFFECTIVE DATE AND OPENING 
OF OFFICE.—If a claim by an employee of the Architect of 
the Capitol arises under section 201 or 202 after the effective 
date of those provisions, but before the opening of the Office 
for receipt of requests for counseling or mediation under sec-
tions 402 and 403, the employee may satisfy the requirements 
for counseling and mediation by exhausting the requirements 
prescribed by the Architect of the Capitol in accordance with 
section 312(e)(3) of the Architect of the Capitol Human 
Resources Act (Public Law 103-283). If, after exhaustion of 
those requirements the Office has not yet opened for the filing 
of a timely complaint under section 405, the employee may 
elect— 
(A) to file a charge with the General Accounting Office 
Personnel Appeals Board pursuant to section 312(e)(3) of 
the Architect of the Capitol Human Resources Act (Public 
Law 103-283), and thereafter proceed exclusively under 
section 312(e) of that Act, the provisions of which shall 
remain in effect until the completion of all proceedings 
in relation to the charge, or 
(B) to commence a civil action under section 408. 
(c) TRANSITION PROVISION RELATING TO MATTERS OTHER THAN 
EMPLOYMENT 
UNDER 
SECTION 
509 
OF THE AMERICANS 
WITH 
DISABILITIES ACT OF 1990.—With respect to matters other than 
employment under section 509 of the Americans with Disabilities 
Act of 1990 (42 U.S.C. 12209), the rights, protections, remedies, 
and procedures of section 509 of such Act shall remain in effect 
until section 210 of this Act takes effect with respect to each 
of the entities covered by section 509 of such Act. 
SEC. 507. USE OF FREQUENT FLYER MILES. 
2 USC 1436. 
(a) LIMITATION ON THE USE OF TRAVEL AWARDS.—^Notwith-
standing any other provision of law, or any rule, regulation, or 
other authority, any travel award that accrues by reason of official 
travel of a Member, officer, or employee of the Senate shall be 
considered the property of the office for which the travel was 
performed and may not be converted to personal use. 
(b) REGULATIONS.—^The Committee on Rules and Administra-
tion of the Senate shall have authority to prescribe regulations 
to carry out this section. 
(c) DEFINITIONS.—^As used in this section— 
(1) the term "travel award" means any frequent flyer, free, 
or discounted travel, or other travel benefit, whether awarded 
by coupon, membership, or otherwise; and 
109 STAT. 44 
PUBLIC LAW 104-1-^JAN. 23, 1995 
(2) the term "official travel" means travel engaged in the 
course of official business of the Senate. 
2 u s e 1437. 
SEC. 508. SENSE OF SENATE REGARDING ADOPTION OF SIMPUFIED 
AND STREAMLINED ACQUISITION PROCEDURES 
FOR 
SENATE ACQUISITIONS. 
It is the sense of the Senate that the Committee on Rules 
and Administration of the Senate should review the rules applicable 
to purchases by Senate offices to determine whether they are 
consistent with the acquisition simplification and streamlining laws 
enacted in the Federal Acquisition Streamlining Act of 1994 (Public 
Law 103-355). 
2 u s e 1438. 
SEC. 509. SEVERABILITY. 
If any provision of this Act or the application of such provision 
to any person or circumstance is held to be invalid, the remainder 
of this Act and the application of the provisions of the remainder 
to any person or circumstance shall not be affected thereby. 
Approved January 23, 1995. 
LEGISLATIVE HISTORY—8. 2 (H.R. 1): 
eONGRESSIONAL RECORD, Vol. 141 (1995): 
Jan. 4, H.R. 1 considered and passed House. 
Jan. 5, 6, 9-11, 8. 2 considered and passed Senate. 
Jan. 12, H.R. 1 considered and passed Senate, amended, in lieu of 8. 2. 
Jan. 17, 8. 2 considered and passed House. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 31 (1995): 
Jan. 23, Presidential remarks.