[104th Congress Public Law 1]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ1.104]
[[Page 109 STAT. 3]]
Public Law 104-1
104th Congress
An Act
To make certain laws applicable to the legislative branch of the Federal
Government. <<NOTE: Jan. 23, 1995 - [S. 2]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Congressional
Accountability Act of 1995.>>
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
<<NOTE: 2 USC 1301 note.>> (a) Short Title.--This Act may be cited
as the ``Congressional Accountability Act of 1995''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title and table of contents.
TITLE I--GENERAL
Sec. 101. Definitions.
Sec. 102. Application of laws.
TITLE II--EXTENSION OF RIGHTS AND PROTECTIONS
Part A--Employment Discrimination, Family and Medical Leave, Fair Labor
Standards, Employee Polygraph Protection, Worker Adjustment and
Retraining, Employment and Reemployment of Veterans, and Intimidation
Sec. 201. Rights and protections under title VII of the Civil Rights Act
of 1964, the Age Discrimination in Employment Act of 1967,
the Rehabilitation Act of 1973, and title I of the Americans
with Disabilities Act of 1990.
Sec. 202. Rights and protections under the Family and Medical Leave Act
of 1993.
Sec. 203. Rights and protections under the Fair Labor Standards Act of
1938.
Sec. 204. Rights and protections under the Employee Polygraph Protection
Act of 1988.
Sec. 205. Rights and protections under the Worker Adjustment and
Retraining Notification Act.
Sec. 206. Rights and protections relating to veterans' employment and
reemployment.
Sec. 207. Prohibition of intimidation or reprisal.
Part B--Public Services and Accommodations Under the Americans With
Disabilities Act of 1990
Sec. 210. Rights and protections under the Americans with Disabilities
Act of 1990 relating to public services and accommodations;
procedures for remedy of violations.
Part C--Occupational Safety and Health Act of 1970
Sec. 215. Rights and protections under the Occupational Safety and
Health Act of 1970; procedures for remedy of violations.
Part D--Labor-Management Relations
Sec. 220. Application of chapter 71 of title 5, United States Code,
relating to Federal service labor-management relations;
procedures for remedy of violations.
Part E--General
Sec. 225. Generally applicable remedies and limitations.
[[Page 109 STAT. 4]]
Part F--Study
Sec. 230. Study and recommendations regarding General Accounting Office,
Government Printing Office, and Library of Congress.
TITLE III--OFFICE OF COMPLIANCE
Sec. 301. Establishment of Office of Compliance.
Sec. 302. Officers, staff, and other personnel.
Sec. 303. Procedural rules.
Sec. 304. Substantive regulations.
Sec. 305. Expenses.
TITLE IV--ADMINISTRATIVE AND JUDICIAL DISPUTE-RESOLUTION PROCEDURES
Sec. 401. Procedure for consideration of alleged violations.
Sec. 402. Counseling.
Sec. 403. Mediation.
Sec. 404. Election of proceeding.
Sec. 405. Complaint and hearing.
Sec. 406. Appeal to the Board.
Sec. 407. Judicial review of Board decisions and enforcement.
Sec. 408. Civil action.
Sec. 409. Judicial review of regulations.
Sec. 410. Other judicial review prohibited.
Sec. 411. Effect of failure to issue regulations.
Sec. 412. Expedited review of certain appeals.
Sec. 413. Privileges and immunities.
Sec. 414. Settlement of complaints.
Sec. 415. Payments.
Sec. 416. Confidentiality.
TITLE V--MISCELLANEOUS PROVISIONS
Sec. 501. Exercise of rulemaking powers.
Sec. 502. Political affiliation and place of residence.
Sec. 503. Nondiscrimination rules of the House and Senate.
Sec. 504. Technical and conforming amendments.
Sec. 505. Judicial branch coverage study.
Sec. 506. Savings provisions.
Sec. 507. Use of frequent flyer miles.
Sec. 508. Sense of Senate regarding adoption of simplified and
streamlined acquisition procedures for Senate acquisitions.
Sec. 509. Severability.
TITLE I--GENERAL
<<NOTE: 2 USC 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 Directors
of the Office of Compliance.
(2) Chair.--The term ``Chair'' means the Chair of the Board
of Directors of the Office of Compliance.
(3) Covered employee.--The term ``covered employee'' means
any employee of--
(A) the House of Representatives;
(B) the Senate;
(C) the Capitol Guide Service;
(D) the Capitol Police;
(E) the Congressional Budget Office;
(F) the Office of the Architect of the Capitol;
(G) the Office of the Attending Physician;
(H) the Office of Compliance; or
(I) the Office of Technology Assessment.
(4) Employee.--The term ``employee'' includes an applicant
for employment and a former employee.
[[Page 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
subparagraphs (C) through (I) of paragraph (3).
(8) Employee of the senate.--The term ``employee of the
Senate'' includes any employee whose pay is disbursed by the
Secretary of the Senate, but not any such individual employed by
any entity listed in subparagraphs (C) through (I) of paragraph
(3).
(9) Employing office.--The term ``employing office'' means--
(A) the personal office of a Member of the House of
Representatives or of a Senator;
(B) a committee of the House of Representatives or
the Senate or a joint committee;
(C) any other office headed by a person with the
final authority to appoint, hire, discharge, and set the
terms, conditions, or privileges of the employment of an
employee of the House of Representatives or the Senate;
or
(D) the Capitol Guide Board, the Capitol Police
Board, the Congressional Budget Office, the Office of
the Architect of the Capitol, the Office of the
Attending Physician, the Office of Compliance, and the
Office of Technology Assessment.
(10) Executive director.--The term ``Executive Director''
means the Executive Director of the Office of Compliance.
(11) General counsel.--The term ``General Counsel'' means
the General Counsel of the Office of Compliance.
(12) Office.--The term ``Office'' means the Office of
Compliance.
<<NOTE: 2 USC 1302.>> SEC. 102. APPLICATION OF LAWS.
(a) Laws Made Applicable.--The following laws shall apply, as
prescribed by this Act, to the legislative branch of the Federal
Government:
(1) The Fair Labor Standards Act of 1938 (29 U.S.C. 201 et
seq.).
(2) Title VII of the Civil Rights Act of 1964 (42 U.S.C.
2000e et seq.).
(3) The Americans with Disabilities Act of 1990 (42 U.S.C.
12101 et seq.).
(4) The Age Discrimination in Employment Act of 1967 (29
U.S.C. 621 et seq.).
[[Page 109 STAT. 6]]
(5) The Family and Medical Leave Act of 1993 (29 U.S.C. 2611
et seq.).
(6) The Occupational Safety and Health Act of 1970 (29
U.S.C. 651 et seq.).
(7) Chapter 71 (relating to Federal service labor-management
relations) of title 5, United States Code.
(8) The Employee Polygraph Protection Act of 1988 (29 U.S.C.
2001 et seq.).
(9) The Worker Adjustment and Retraining Notification Act
(29 U.S.C. 2101 et seq.).
(10) The Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.).
(11) Chapter 43 (relating to veterans' employment and
reemployment) of title 38, United States Code.
(b) Laws Which May Be Made Applicable.--
(1) In general.--The Board shall review provisions of
Federal law (including regulations) relating to (A) the terms
and conditions of employment (including hiring, promotion,
demotion, termination, salary, wages, overtime compensation,
benefits, work assignments or reassignments, grievance and
disciplinary procedures, protection from discrimination in
personnel actions, occupational health and safety, and family
and medical and other leave) of employees, and (B) access to
public services and accommodations.
(2) Board report.--Beginning on December 31, 1996, and every
2 years thereafter, the Board shall report on (A) whether or to
what degree the provisions described in paragraph (1) are
applicable or inapplicable to the legislative branch, and (B)
with respect to provisions inapplicable to the legislative
branch, whether such provisions should be made applicable to the
legislative branch. The presiding officers of
the <<NOTE: Congressional Record, publication.>> House of
Representatives and the Senate shall cause each such report to
be printed in the Congressional Record and each such report
shall be referred to the committees of the House of
Representatives and the Senate with jurisdiction.
(3) Reports of congressional committees.--Each report
accompanying any bill or joint resolution relating to terms and
conditions of employment or access to public services or
accommodations reported by a committee of the House of
Representatives or the Senate shall--
(A) describe the manner in which the provisions of
the bill or joint resolution apply to the legislative
branch; or
(B) in the case of a provision not applicable to the
legislative branch, include a statement of the reasons
the provision does not apply.
On the objection of any Member, it shall not be in order for the
Senate or the House of Representatives to consider any such bill
or joint resolution if the report of the committee on such bill
or joint resolution does not comply with the provisions of this
paragraph. This paragraph may be waived in either House by
majority vote of that House.
[[Page 109 STAT. 7]]
TITLE II--EXTENSION OF RIGHTS AND PROTECTIONS
PART A--EMPLOYMENT DISCRIMINATION, FAMILY AND MEDICAL LEAVE, FAIR LABOR
STANDARDS, EMPLOYEE POLYGRAPH PROTECTION, WORKER ADJUSTMENT AND
RETRAINING, EMPLOYMENT AND REEMPLOYMENT OF VETERANS, AND INTIMIDATION
<<NOTE: 2 USC 1311.>> SEC. 201. RIGHTS AND PROTECTIONS UNDER TITLE VII
OF THE CIVIL RIGHTS ACT OF 1964, THE AGE DISCRIMINATION IN
EMPLOYMENT ACT OF 1967, THE REHABILITATION ACT OF 1973, AND
TITLE I OF THE AMERICANS WITH DISABILITIES ACT OF 1990.
(a) Discriminatory Practices Prohibited.--All personnel actions
affecting covered employees shall be made free from any discrimination
based on--
(1) race, color, religion, sex, or national origin, within
the meaning of section 703 of the Civil Rights Act of 1964 (42
U.S.C. 2000e-2);
(2) age, within the meaning of section 15 of the Age
Discrimination in Employment Act of 1967 (29 U.S.C. 633a); or
(3) disability, within the meaning of section 501 of the
Rehabilitation Act of 1973 (29 U.S.C. 791) and sections 102
through 104 of the Americans with Disabilities Act of 1990 (42
U.S.C. 12112-12114).
(b) Remedy.--
(1) Civil rights.--The remedy for a violation of subsection
(a)(1) shall be--
(A) such remedy as would be appropriate if awarded
under section 706(g) of the Civil Rights Act of 1964 (42
U.S.C. 2000e-5(g)); and
(B) such compensatory damages as would be
appropriate if awarded under section 1977 of the Revised
Statutes (42 U.S.C. 1981), or as would be appropriate if
awarded under sections 1977A(a)(1), 1977A(b)(2), and,
irrespective of the size of the employing office,
1977A(b)(3)(D) of the Revised Statutes (42 U.S.C.
1981a(a)(1), 1981a(b)(2), and 1981a(b)(3)(D)).
(2) Age discrimination.--The remedy for a violation of
subsection (a)(2) shall be--
(A) such remedy as would be appropriate if awarded
under section 15(c) of the Age Discrimination in
Employment Act of 1967 (29 U.S.C. 633a(c)); and
(B) such liquidated damages as would be appropriate
if awarded under section 7(b) of such Act (29 U.S.C.
626(b)).
In addition, the waiver provisions of section 7(f) of such Act
(29 U.S.C. 626(f)) shall apply to covered employees.
(3) Disabilities discrimination.--The remedy for a violation
of subsection (a)(3) shall be--
(A) such remedy as would be appropriate if awarded
under section 505(a)(1) of the Rehabilitation Act of
1973
[[Page 109 STAT. 8]]
(29 U.S.C. 794a(a)(1)) or section 107(a) of the
Americans with Disabilities Act of 1990 (42 U.S.C.
12117(a)); and
(B) such compensatory damages as would be
appropriate if awarded under sections 1977A(a)(2),
1977A(a)(3), 1977A(b)(2), and, irrespective of the size
of the employing office, 1977A(b)(3)(D) of the Revised
Statutes (42 U.S.C. 1981a(a)(2), 1981a(a)(3),
1981a(b)(2), and 1981a(b)(3)(D)).
(c) Application to General Accounting Office, Government Printing
Office, and Library of Congress.--
(1) Section 717 of the civil rights act of 1964.--Section
717(a) of the Civil Rights Act of 1964 (42 U.S.C. 2000e-16) is
amended by--
(A) striking ``legislative and'';
(B) striking ``branches'' and inserting ``branch'';
and
(C) inserting ``Government Printing Office, the
General Accounting Office, and the'' after ``and in
the''.
(2) Section 15 of the age discrimination in employment act
of 1967.--Section 15(a) of the Age Discrimination in Employment
Act of 1967 (29 U.S.C. 633a(a)) is amended by--
(A) striking ``legislative and'';
(B) striking ``branches'' and inserting ``branch'';
and
(C) inserting ``Government Printing Office, the
General Accounting Office, and the'' after ``and in
the''.
(3) Section 509 of the americans with disabilities act of
1990.--Section 509 of the Americans with Disabilities Act of
1990 (42 U.S.C. 12209) is amended--
(A) by striking subsections (a) and (b) of section
509;
(B) in subsection (c), by striking ``(c)
Instrumentalities of Congress.--'' and inserting ``The
General Accounting Office, the Government Printing
Office, and the Library of Congress shall be covered as
follows:'';
(C) by striking the second sentence of paragraph
(2);
(D) in paragraph (4), by striking ``the
instrumentalities of the Congress include'' and
inserting ``the term `instrumentality of the Congress'
means'', by striking ``the Architect of the Capitol, the
Congressional Budget Office'', by inserting ``and''
before ``the Library'', and by striking ``the Office of
Technology Assessment, and the United States Botanic
Garden'';
(E) by redesignating paragraph (5) as paragraph (7)
and by inserting after paragraph (4) the following new
paragraph:
``(5) Enforcement of employment rights.--The remedies and
procedures set forth in section 717 of the Civil Rights Act of
1964 (42 U.S.C. 2000e-16) shall be available to any employee of
an instrumentality of the Congress who alleges a violation of
the rights and protections under sections 102 through 104 of
this Act that are made applicable by this section, except that
the authorities of the Equal Employment Opportunity Commission
shall be exercised by the chief official of the instrumentality
of the Congress.''; and
(F) by amending the title of the section to read
``INSTRUMENTALITIES OF THE CONGRESS''.
(d) Effective Date.--This section shall take effect 1 year after the
date of the enactment of this Act.
[[Page 109 STAT. 9]]
<<NOTE: 2 USC 1312.>> SEC. 202. RIGHTS AND PROTECTIONS UNDER THE FAMILY
AND MEDICAL LEAVE ACT OF 1993.
(a) Family and Medical Leave Rights and Protections Provided.--
(1) In general.--The rights and protections established by
sections 101 through 105 of the Family and Medical Leave Act of
1993 (29 U.S.C. 2611 through 2615) shall apply to covered
employees.
(2) Definition.--For purposes of the application described
in paragraph (1)--
(A) the term ``employer'' as used in the Family and
Medical Leave Act of 1993 means any employing office,
and
(B) the term ``eligible employee'' as used in the
Family and Medical Leave Act of 1993 means a covered
employee who has been employed in any employing office
for 12 months and for at least 1,250 hours of employment
during the previous 12 months.
(b) Remedy.--The remedy for a violation of subsection (a) shall be
such remedy, including liquidated damages, as would be appropriate if
awarded under paragraph (1) of section 107(a) of the Family and Medical
Leave Act of 1993 (29 U.S.C. 2617(a)(1)).
(c) Application to General Accounting Office and Library of
Congress.--
(1) Amendments to the family and medical leave act of
1993.--
(A) Coverage.--Section 101(4)(A) of the Family and
Medical Leave Act of 1993 (29 U.S.C. 2611(4)(A)) is
amended by striking ``and'' at the end of clause (ii),
by striking the period at the end of clause (iii) and
inserting ``; and'', and by adding after clause (iii)
the following:
``(iv) includes the General Accounting Office
and the Library of Congress.''.
(B) Enforcement.--Section 107 of the Family and
Medical Leave Act of 1993 (29 U.S.C. 2617) is amended by
adding at the end the following:
``(f) General Accounting Office and Library of Congress.--In the
case of the General Accounting Office and the Library of Congress, the
authority of the Secretary of Labor under this title shall be exercised
respectively by the Comptroller General of the United States and the
Librarian of Congress.''.
(2) Conforming amendment to title 5, united states code.--
Section 6381(1)(A) of title 5, United States Code, is amended by
striking ``and'' after ``District of Columbia'' and inserting
before the semicolon the following: ``, and any employee of the
General Accounting Office or the Library of Congress''.
(d) Regulations.--
(1) In general.--The Board shall, pursuant to section 304,
issue regulations to implement the rights and protections under
this section.
(2) Agency regulations.--The regulations issued under
paragraph (1) shall be the same as substantive regulations
promulgated by the Secretary of Labor to implement the statutory
provisions referred to in subsection (a) except insofar as the
Board may determine, for good cause shown and stated together
with the regulation, that a modification of such regula
[[Page 109 STAT. 10]]
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 congress.--
Subsection (c) shall be effective 1 year after transmission to
the Congress of the study under section 230.
<<NOTE: 2 USC 1313.>> SEC. 203. RIGHTS AND PROTECTIONS UNDER THE FAIR
LABOR STANDARDS ACT OF 1938.
(a) Fair Labor Standards.--
(1) In general.--The rights and protections established by
subsections (a)(1) and (d) of section 6, section 7, and section
12(c) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206
(a)(1) and (d), 207, 212(c)) shall apply to covered employees.
(2) Interns.--For the purposes of this section, the term
``covered employee'' does not include an intern as defined in
regulations under subsection (c).
(3) Compensatory time.--Except as provided in regulations
under subsection (c)(3), covered employees may not receive
compensatory time in lieu of overtime compensation.
(b) Remedy.--The remedy for a violation of subsection (a) shall be
such remedy, including liquidated damages, as would be appropriate if
awarded under section 16(b) of the Fair Labor Standards Act of 1938 (29
U.S.C. 216(b)).
(c) Regulations To Implement Section.--
(1) In general.--The Board shall, pursuant to section 304,
issue regulations to implement this section.
(2) Agency regulations.--Except as provided in paragraph
(3), the regulations issued under paragraph (1) shall be the
same as substantive regulations promulgated by the Secretary of
Labor to implement the statutory provisions referred to in
subsection (a) except insofar as the Board may determine, for
good cause shown and stated together with the regulation, that a
modification of such regulations would be more effective for the
implementation of the rights and protections under this section.
(3) Irregular work schedules.--The Board shall issue
regulations for covered employees whose work schedules directly
depend on the schedule of the House of Representatives or the
Senate that shall be comparable to the provisions in the Fair
Labor Standards Act of 1938 that apply to employees who have
irregular work schedules.
(d) Application to the Government Printing Office.--Section
3(e)(2)(A) of the Fair Labor Standards Act of 1938 (29 U.S.C.
203(e)(2)(A)) is amended--
(1) in clause (iii), by striking ``legislative or'',
(2) by striking ``or'' at the end of clause (iv), and
(3) by striking the semicolon at the end of clause (v) and
inserting ``, or'' and by adding after clause (v) the following:
``(vi) the Government Printing Office;''.
(e) Effective Date.--Subsections (a) and (b) shall be effective 1
year after the date of the enactment of this Act.
<<NOTE: 2 USC 1314.>> SEC. 204. RIGHTS AND PROTECTIONS UNDER THE
EMPLOYEE POLYGRAPH PROTECTION ACT OF 1988.
(a) Polygraph Practices Prohibited.--
[[Page 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 statutory
provisions referred to in subsections (a) and (b) except insofar
as the Board may determine, for good cause shown and stated
together with the regulation, that a modification of such
regulations would be more effective for the implementation of
the rights and protections under this section.
(d) Effective Date.--
(1) In general.--Except as provided in paragraph (2),
subsections (a) and (b) shall be effective 1 year after the date
of the enactment of this Act.
(2) General accounting office and library of congress.--This
section shall be effective with respect to the General
Accounting Office and the Library of Congress 1 year after
transmission to the Congress of the study under section 230.
<<NOTE: 2 USC 1315.>> SEC. 205. RIGHTS AND PROTECTIONS UNDER THE WORKER
ADJUSTMENT AND RETRAINING NOTIFICATION ACT.
(a) Worker Adjustment and Retraining Notification Rights.--
(1) In general.--No employing office shall be closed or a
mass layoff ordered within the meaning of section 3 of the
Worker Adjustment and Retraining Notification Act (29 U.S.C.
2102) until the end of a 60-day period after the employing
office serves written notice of such prospective closing or
layoff to representatives of covered employees or, if there are
no representatives, to covered employees.
(2) Definitions.--For purposes of this section, the term
``covered employee'' shall include employees of the General
Accounting Office and the Library of Congress and the term
[[Page 109 STAT. 12]]
``employing office'' shall include the General Accounting Office
and the Library of Congress.
(b) Remedy.--The remedy for a violation of subsection (a) shall be
such remedy as would be appropriate if awarded under paragraphs (1),
(2), and (4) of section 5(a) of the Worker Adjustment and Retraining
Notification Act (29 U.S.C. 2104(a) (1), (2), and (4)).
(c) Regulations To Implement Section.--
(1) In general.--The Board shall, pursuant to section 304,
issue regulations to implement this section.
(2) Agency regulations.--The regulations issued under
paragraph (1) shall be the same as substantive regulations
promulgated by the Secretary of Labor to implement the statutory
provisions referred to in subsection (a) except insofar as the
Board may determine, for good cause shown and stated together
with the regulation, that a modification of such regulations
would be more effective for the implementation of the rights and
protections under this section.
(d) Effective Date.--
(1) In general.--Except as provided in paragraph (2),
subsections (a) and (b) shall be effective 1 year after the date
of the enactment of this Act.
(2) General accounting office and library of congress.--This
section shall be effective with respect to the General
Accounting Office and the Library of Congress 1 year after
transmission to the Congress of the study under section 230.
<<NOTE: 2 USC 1316.>> SEC. 206. RIGHTS AND PROTECTIONS RELATING TO
VETERANS' EMPLOYMENT AND REEMPLOYMENT.
(a) Employment and Reemployment Rights of Members of the Uniformed
Services.--
(1) In general.--It shall be unlawful for an employing
office to--
(A) discriminate, within the meaning of subsections
(a) and (b) of section 4311 of title 38, United States
Code, against an eligible employee;
(B) deny to an eligible employee reemployment rights
within the meaning of sections 4312 and 4313 of title
38, United States Code; or
(C) deny to an eligible employee benefits within the
meaning of sections 4316, 4317, and 4318 of title 38,
United States Code.
(2) Definitions.--For purposes of this section--
(A) the term ``eligible employee'' means a covered
employee performing service in the uniformed services,
within the meaning of section 4303(13) of title 38,
United States Code, whose service has not been
terminated upon occurrence of any of the events
enumerated in section 4304 of title 38, United States
Code,
(B) the term ``covered employee'' includes employees
of the General Accounting Office and the Library of
Congress, and
(C) the term ``employing office'' includes the
General Accounting Office and the Library of Congress.
(b) Remedy.--The remedy for a violation of subsection (a) shall be
such remedy as would be appropriate if awarded under para
[[Page 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 statutory
provisions referred to in subsection (a) except to the extent
that the Board may determine, for good cause shown and stated
together with the regulation, that a modification of such
regulations would be more effective for the implementation of
the rights and protections under this section.
(d) Effective Date.--
(1) In general.--Except as provided in paragraph (2),
subsections (a) and (b) shall be effective 1 year after the date
of the enactment of this Act.
(2) General accounting office and library of congress.--This
section shall be effective with respect to the General
Accounting Office and the Library of Congress 1 year after
transmission to the Congress of the study under section 230.
<<NOTE: 2 USC 1317.>> SEC. 207. PROHIBITION OF INTIMIDATION OR REPRISAL.
(a) In General.--It shall be unlawful for an employing office to
intimidate, take reprisal against, or otherwise discriminate against,
any covered employee because the covered employee has opposed any
practice made unlawful by this Act, or because the covered employee has
initiated proceedings, made a charge, or testified, assisted, or
participated in any manner in a hearing or other proceeding under this
Act.
(b) Remedy.--The remedy available for a violation of subsection (a)
shall be such legal or equitable remedy as may be appropriate to redress
a violation of subsection (a).
PART B--PUBLIC SERVICES AND ACCOMMODATIONS UNDER THE AMERICANS WITH
DISABILITIES ACT OF 1990
<<NOTE: 2 USC 1331.>> SEC. 210. RIGHTS AND PROTECTIONS UNDER THE
AMERICANS WITH DISABILITIES ACT OF 1990 RELATING TO PUBLIC
SERVICES AND ACCOMMODATIONS; PROCEDURES FOR REMEDY OF
VIOLATIONS.
(a) Entities Subject to This Section.--The requirements of this
section shall apply to--
(1) each office of the Senate, including each office of a
Senator and each committee;
(2) each office of the House of Representatives, including
each office of a Member of the House of Representatives and each
committee;
(3) each joint committee of the Congress;
(4) the Capitol Guide Service;
(5) the Capitol Police;
(6) the Congressional Budget Office;
(7) the Office of the Architect of the Capitol (including
the Senate Restaurants and the Botanic Garden);
[[Page 109 STAT. 14]]
(8) the Office of the Attending Physician;
(9) the Office of Compliance; and
(10) the Office of Technology Assessment.
(b) Discrimination in Public Services and Accommodations.--
(1) Rights and protections.--The rights and protections
against discrimination in the provision of public services and
accommodations established by sections 201 through 230, 302,
303, and 309 of the Americans with Disabilities Act of 1990 (42
U.S.C. 12131-12150, 12182, 12183, and 12189) shall apply to the
entities listed in subsection (a).
(2) Definitions.--For purposes of the application of title
II of the Americans with Disabilities Act of 1990 (42 U.S.C.
12131 et seq.) under this section, the term ``public entity''
means any entity listed in subsection (a) that provides public
services, programs, or activities.
(c) Remedy.--The remedy for a violation of subsection (b) shall be
such remedy as would be appropriate if awarded under section 203 or
308(a) of the Americans with Disabilities Act of 1990 (42 U.S.C. 12133,
12188(a)), except that, with respect to any claim of employment
discrimination asserted by any covered employee, the exclusive remedy
shall be under section 201 of this title.
(d) Available Procedures.--
(1) Charge filed with general counsel.--A qualified
individual with a disability, as defined in section 201(2) of
the Americans with Disabilities Act of 1990 (42 U.S.C.
12131(2)), who alleges a violation of subsection (b) by an
entity listed in subsection (a), may file a charge against any
entity responsible for correcting the violation with the General
Counsel within 180 days of the occurrence of the alleged
violation. The General Counsel shall investigate the charge.
(2) Mediation.--If, upon investigation under paragraph (1),
the General Counsel believes that a violation of subsection (b)
may have occurred and that mediation may be helpful in resolving
the dispute, the General Counsel may request, but not
participate in, mediation under subsections (b) through (d) of
section 403 between the charging individual and any entity
responsible for correcting the alleged violation.
(3) Complaint, hearing, board review.--If mediation under
paragraph (2) has not succeeded in resolving the dispute, and if
the General Counsel believes that a violation of subsection (b)
may have occurred, the General Counsel may file with the Office
a complaint against any entity responsible for correcting the
violation. The complaint shall be submitted to a hearing officer
for decision pursuant to subsections (b) through (h) of section
405 and any person who has filed a charge under paragraph (1)
may intervene as of right, with the full rights of a party. The
decision of the hearing officer shall be subject to review by
the Board pursuant to section 406.
(4) Judicial review.--A charging individual who has
intervened under paragraph (3) or any respondent to the
complaint, if aggrieved by a final decision of the Board under
paragraph (3), may file a petition for review in the United
States Court of Appeals for the Federal Circuit, pursuant to
section 407.
(5) Compliance date.--If new appropriated funds are
necessary to comply with an order requiring correction of a
viola
[[Page 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
protections under this section.
(3) Entity responsible for correction.--The regulations
issued under paragraph (1) shall include a method of
identifying, for purposes of this section and for categories of
violations of subsection (b), the entity responsible for
correction of a particular violation.
(f) Periodic Inspections; Report to Congress; Initial Study.--
(1) Periodic inspections.--On a regular basis, and at least
once each Congress, the General Counsel shall inspect the
facilities of the entities listed in subsection (a) to ensure
compliance with subsection (b).
(2) Report.--On the basis of each periodic inspection, the
General Counsel shall, at least once every Congress, prepare and
submit a report--
(A) to the Speaker of the House of Representatives,
the President pro tempore of the Senate, and the Office
of the Architect of the Capitol, or other entity
responsible, for correcting the violation of this
section uncovered by such inspection, and
(B) containing the results of the periodic
inspection, describing any steps necessary to correct
any violation of this section, assessing any limitations
in accessibility to and usability by individuals with
disabilities associated with each violation, and the
estimated cost and time needed for abatement.
(3) Initial period for study and corrective action.--The
period from the date of the enactment of this Act until December
31, 1996, shall be available to the Office of the Architect of
the Capitol and other entities subject to this section to
identify any violations of subsection (b), to determine the
costs of compliance, and to take any necessary corrective action
to abate any violations. The Office shall assist the Office of
the Architect of the Capitol and other entities listed in
subsection (a) by arranging for inspections and other technical
assistance at their request. Prior to July 1, 1996, the General
Counsel shall conduct a thorough inspection under paragraph (1)
and shall submit the report under paragraph (2) for the One
Hundred Fourth Congress.
(4) Detailed personnel.--The Attorney General, the Secretary
of Transportation, and the Architectural and Transportation
Barriers Compliance Board may, on request of the Execu
[[Page 109 STAT. 16]]
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 Americans with Disabilities Act of 1990
(42 U.S.C. 12209)), as amended by section 201(c) of this Act, is amended
by adding the following new paragraph:
``(6) Enforcement of rights to public services and
accommodations.--The remedies and procedures set forth in
section 717 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-16)
shall be available to any qualified person with a disability who
is a visitor, guest, or patron of an instrumentality of Congress
and who alleges a violation of the rights and protections under
sections 201 through 230 or section 302 or 303 of this Act that
are made applicable by this section, except that the authorities
of the Equal Employment Opportunity Commission shall be
exercised by the chief official of the instrumentality of the
Congress.''.
(h) Effective Date.--
(1) In general.--Subsections (b), (c), and (d) shall be
effective on January 1, 1997.
(2) General accounting office, government printing office,
and library of congress.--Subsection (g) shall be effective 1
year after transmission to the Congress of the study under
section 230.
PART C--OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970
<<NOTE: 2 USC 1341.>> SEC. 215. RIGHTS AND PROTECTIONS UNDER THE
OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970; PROCEDURES FOR
REMEDY OF VIOLATIONS.
(a) Occupational Safety and Health Protections.--
(1) In general.--Each employing office and each covered
employee shall comply with the provisions of section 5 of the
Occupational Safety and Health Act of 1970 (29 U.S.C. 654).
(2) Definitions.--For purposes of the application under this
section of the Occupational Safety and Health Act of 1970--
(A) the term ``employer'' as used in such Act means
an employing office;
(B) the term ``employee'' as used in such Act means
a covered employee;
(C) the term ``employing office'' includes the
General Accounting Office, the Library of Congress, and
any entity listed in subsection (a) of section 210 that
is responsible for correcting a violation of this
section, irrespective of whether the entity has an
employment relationship with any covered employee in any
employing office in which such a violation occurs; and
(D) the term ``employee'' includes employees of the
General Accounting Office and the Library of Congress.
(b) Remedy.--The remedy for a violation of subsection (a) shall be
an order to correct the violation, including such order as would
[[Page 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
Occupational Safety and Health Act of 1970 (29 U.S.C. 657 (a),
(d), (e), and (f)) to inspect and investigate places of
employment under the jurisdiction of employing offices.
(2) Citations, notices, and notifications.--For purposes of
this section, the General Counsel shall exercise the authorities
granted to the Secretary of Labor in sections 9 and 10 of the
Occupational Safety and Health Act of 1970 (29 U.S.C. 658 and
659), to issue--
(A) a citation or notice to any employing office
responsible for correcting a violation of subsection
(a); or
(B) a notification to any employing office that the
General Counsel believes has failed to correct a
violation for which a citation has been issued within
the period permitted for its correction.
(3) Hearings and review.--If after issuing a citation or
notification, the General Counsel determines that a violation
has not been corrected, the General Counsel may file a complaint
with the Office against the employing office named in the
citation or notification. The complaint shall be submitted to a
hearing officer for decision pursuant to subsections (b) through
(h) of section 405, subject to review by the Board pursuant to
section 406.
(4) Variance procedures.--An employing office may request
from the Board an order granting a variance from a standard made
applicable by this section. For the purposes of this section,
the Board shall exercise the authorities granted to the
Secretary of Labor in sections 6(b)(6) and 6(d) of the
Occupational Safety and Health Act of 1970 (29 U.S.C. 655(b)(6)
and 655(d)) to act on any employing office's request for a
variance. The Board shall refer the matter to a hearing officer
pursuant to subsections (b) through (h) of section 405, subject
to review by the Board pursuant to section 406.
(5) Judicial review.--The General Counsel or employing
office aggrieved by a final decision of the Board under
paragraph (3) or (4), may file a petition for review with the
United States Court of Appeals for the Federal Circuit pursuant
to section 407.
(6) Compliance date.--If new appropriated funds are
necessary to correct a violation of subsection (a) for which a
citation is issued, or to comply with an order requiring
correction of such a violation, correction or compliance shall
take place as soon as possible, but not later than the end of
the fiscal year following the fiscal year in which the citation
is issued or the order requiring correction becomes final and
not subject to further review.
(d) Regulations To Implement Section.--
(1) In general.--The Board shall, pursuant to section 304,
issue regulations to implement this section.
(2) Agency regulations.--The regulations issued under
paragraph (1) shall be the same as substantive regulations
[[Page 109 STAT. 18]]
promulgated by the Secretary of Labor to implement the statutory
provisions referred to in subsection (a) except to the extent
that the Board may determine, for good cause shown and stated
together with the regulation, that a modification of such
regulations would be more effective for the implementation of
the rights and protections under this section.
(3) Employing office responsible for correction.--The
regulations issued under paragraph (1) shall include a method of
identifying, for purposes of this section and for different
categories of violations of subsection (a), the employing office
responsible for correction of a particular violation.
(e) Periodic Inspections; Report to Congress.--
(1) Periodic inspections.--On a regular basis, and at least
once each Congress, the General Counsel, exercising the same
authorities of the Secretary of Labor as under subsection
(c)(1), shall conduct periodic inspections of all facilities of
the House of Representatives, the Senate, the Capitol Guide
Service, the Capitol Police, the Congressional Budget Office,
the Office of the Architect of the Capitol, the Office of the
Attending Physician, the Office of Compliance, the Office of
Technology Assessment, the Library of Congress, and the General
Accounting Office to report on compliance with subsection (a).
(2) Report.--On the basis of each periodic inspection, the
General Counsel shall prepare and submit a report--
(A) to the Speaker of the House of Representatives,
the President pro tempore of the Senate, and the Office
of the Architect of the Capitol or other employing
office responsible for correcting the violation of this
section uncovered by such inspection, and
(B) containing the results of the periodic
inspection, identifying the employing office responsible
for correcting the violation of this section uncovered
by such inspection, describing any steps necessary to
correct any violation of this section, and assessing any
risks to employee health and safety associated with any
violation.
(3) Action after report.--If a report identifies any
violation of this section, the General Counsel shall issue a
citation or notice in accordance with subsection (c)(2)(A).
(4) Detailed personnel.--The Secretary of Labor may, on
request of the Executive Director, detail to the Office such
personnel as may be necessary to advise and assist the Office in
carrying out its duties under this section.
(f) Initial Period for Study and Corrective Action.--The period from
the date of the enactment of this Act until December 31, 1996, shall be
available to the Office of the Architect of the Capitol and other
employing offices to identify any violations of subsection (a), to
determine the costs of compliance, and to take any necessary corrective
action to abate any violations. The Office shall assist the Office of
the Architect of the Capitol and other employing offices by arranging
for inspections and other technical assistance at their request. Prior
to July 1, 1996, the General Counsel shall conduct a thorough inspection
under subsection (e)(1) and shall submit the report under subsection
(e)(2) for the One Hundred Fourth Congress.
(g) Effective Date.--
[[Page 109 STAT. 19]]
(1) In general.--Except as provided in paragraph (2),
subsections (a), (b), (c), and (e)(3) shall be effective on
January 1, 1997.
(2) General accounting office and library of congress.--This
section shall be effective with respect to the General
Accounting Office and the Library of Congress 1 year after
transmission to the Congress of the study under section 230.
PART D--LABOR-MANAGEMENT RELATIONS
<<NOTE: 2 USC 1351.>> SEC. 220. APPLICATION OF CHAPTER 71 OF TITLE 5,
UNITED STATES CODE, RELATING TO FEDERAL SERVICE LABOR-
MANAGEMENT RELATIONS; PROCEDURES FOR REMEDY OF VIOLATIONS.
(a) Labor-Management Rights.--
(1) In general.--The rights, protections, and
responsibilities established under sections 7102, 7106, 7111
through 7117, 7119 through 7122, and 7131 of title 5, United
States Code, shall apply to employing offices and to covered
employees and representatives of those employees.
(2) Definition.--For purposes of the application under this
section of the sections referred to in paragraph (1), the term
``agency'' shall be deemed to include an employing office.
(b) Remedy.--The remedy for a violation of subsection (a) shall be
such remedy, including a remedy under section 7118(a)(7) of title 5,
United States Code, as would be appropriate if awarded by the Federal
Labor Relations Authority to remedy a violation of any provision made
applicable by subsection (a).
(c) Authorities and Procedures for Implementation and Enforcement.--
(1) General authorities of the board; petitions.--For
purposes of this section and except as otherwise provided in
this section, the Board shall exercise the authorities of the
Federal Labor Relations Authority under sections 7105, 7111,
7112, 7113, 7115, 7117, 7118, and 7122 of title 5, United States
Code, and of the President under section 7103(b) of title 5,
United States Code. For purposes of this section, any petition
or other submission that, under chapter 71 of title 5, United
States Code, would be submitted to the Federal Labor Relations
Authority shall, if brought under this section, be submitted to
the Board. The Board shall refer any matter under this paragraph
to a hearing officer for decision pursuant to subsections (b)
through (h) of section 405, subject to review by the Board
pursuant to section 406. The Board may direct that the General
Counsel carry out the Board's investigative authorities under
this paragraph.
(2) General authorities of the general counsel; charges of
unfair labor practice.--For purposes of this section and except
as otherwise provided in this section, the General Counsel shall
exercise the authorities of the General Counsel of the Federal
Labor Relations Authority under sections 7104 and 7118 of title
5, United States Code. For purposes of this section, any charge
or other submission that, under chapter 71 of title 5, United
States Code, would be submitted to the General Counsel of the
Federal Labor Relations Authority shall, if brought under this
section, be submitted to the General
[[Page 109 STAT. 20]]
Counsel. If any person charges an employing office or a labor
organization with having engaged in or engaging in an unfair
labor practice and makes such charge within 180 days of the
occurrence of the alleged unfair labor practice, the General
Counsel shall investigate the charge and may file a complaint
with the Office. The complaint shall be submitted to a hearing
officer for decision pursuant to subsections (b) through (h) of
section 405, subject to review by the Board pursuant to section
406.
(3) Judicial review.--Except for matters referred to in
paragraphs (1) and (2) of section 7123(a) of title 5, United
States Code, the General Counsel or the respondent to the
complaint, if aggrieved by a final decision of the Board under
paragraph (1) or (2) of this subsection, may file a petition for
judicial review in the United States Court of Appeals for the
Federal Circuit pursuant to section 407.
(4) Exercise of impasses panel authority; requests.--For
purposes of this section and except as otherwise provided in
this section, the Board shall exercise the authorities of the
Federal Service Impasses Panel under section 7119 of title 5,
United States Code. For purposes of this section, any request
that, under chapter 71 of title 5, United States Code, would be
presented to the Federal Service Impasses Panel shall, if made
under this section, be presented to the Board. At the request of
the Board, the Executive Director shall appoint a mediator or
mediators to perform the functions of the Federal Service
Impasses Panel under section 7119 of title 5, United States
Code.
(d) Regulations To Implement Section.--
(1) In general.--The Board shall, pursuant to section 304,
issue regulations to implement this section.
(2) Agency regulations.--Except as provided in subsection
(e), the regulations issued under paragraph (1) shall be the
same as substantive regulations promulgated by the Federal Labor
Relations Authority to implement the statutory provisions
referred to in subsection (a) except--
(A) to the extent that the Board may determine, for
good cause shown and stated together with the
regulation, that a modification of such regulations
would be more effective for the implementation of the
rights and protections under this section; or
(B) as the Board deems necessary to avoid a conflict
of interest or appearance of a conflict of interest.
(e) Specific Regulations Regarding Application to Certain Offices of
Congress.--
(1) Regulations required.--The Board shall issue regulations
pursuant to section 304 on the manner and extent to which the
requirements and exemptions of chapter 71 of title 5, United
States Code, should apply to covered employees who are employed
in the offices listed in paragraph (2). The regulations shall,
to the greatest extent practicable, be consistent with the
provisions and purposes of chapter 71 of title 5, United States
Code and of this Act, and shall be the same as substantive
regulations issued by the Federal Labor Relations Authority
under such chapter, except--
(A) to the extent that the Board may determine, for
good cause shown and stated together with the
regulation,
[[Page 109 STAT. 21]]
that a modification of such regulations would be more
effective for the implementation of the rights and
protections under this section; and
(B) that the Board shall exclude from coverage under
this section any covered employees who are employed in
offices listed in paragraph (2) if the Board determines
that such exclusion is required because of--
(i) a conflict of interest or appearance of a
conflict of interest; or
(ii) Congress' constitutional
responsibilities.
(2) Offices referred to.--The offices referred to in
paragraph (1) include--
(A) the personal office of any Member of the House
of Representatives or of any Senator;
(B) a standing, select, special, permanent,
temporary, or other committee of the Senate or House of
Representatives, or a joint committee of Congress;
(C) the Office of the Vice President (as President
of the Senate), the Office of the President pro tempore
of the Senate, the Office of the Majority Leader of the
Senate, the Office of the Minority Leader of the Senate,
the Office of the Majority Whip of the Senate, the
Office of the Minority Whip of the Senate, the
Conference of the Majority of the Senate, the Conference
of the Minority of the Senate, the Office of the
Secretary of the Conference of the Majority of the
Senate, the Office of the Secretary of the Conference of
the Minority of the Senate, the Office of the Secretary
for the Majority of the Senate, the Office of the
Secretary for the Minority of the Senate, the Majority
Policy Committee of the Senate, the Minority Policy
Committee of the Senate, and the following offices
within the Office of the Secretary of the Senate:
Offices of the Parliamentarian, Bill Clerk, Legislative
Clerk, Journal Clerk, Executive Clerk, Enrolling Clerk,
Official Reporters of Debate, Daily Digest, Printing
Services, Captioning Services, and Senate Chief Counsel
for Employment;
(D) the Office of the Speaker of the House of
Representatives, the Office of the Majority Leader of
the House of Representatives, the Office of the Minority
Leader of the House of Representatives, the Offices of
the Chief Deputy Majority Whips, the Offices of the
Chief Deputy Minority Whips and the following offices
within the Office of the Clerk of the House of
Representatives: Offices of Legislative Operations,
Official Reporters of Debate, Official Reporters to
Committees, Printing Services, and Legislative
Information;
(E) the Office of the Legislative Counsel of the
Senate, the Office of the Senate Legal Counsel, the
Office of the Legislative Counsel of the House of
Representatives, the Office of the General Counsel of
the House of Representatives, the Office of the
Parliamentarian of the House of Representatives, and the
Office of the Law Revision Counsel;
(F) the offices of any caucus or party organization;
(G) the Congressional Budget Office, the Office of
Technology Assessment, and the Office of Compliance; and
[[Page 109 STAT. 22]]
(H) such other offices that perform comparable
functions which are identified under regulations of the
Board.
(f) Effective Date.--
(1) In general.--Except as provided in paragraph (2),
subsections (a) and (b) shall be effective on October 1, 1996.
(2) Certain offices.--With respect to the offices listed in
subsection (e)(2), to the covered employees of such offices, and
to representatives of such employees, subsections (a) and (b)
shall be effective on the effective date of regulations under
subsection (e).
PART E--GENERAL
<<NOTE: 2 USC 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 attorney's fees, expert
fees, and any other costs as would be appropriate if awarded under
section 706(k) of the Civil Rights Act of 1964 (42 U.S.C. 2000e-5(k)).
(b) Interest.--In any proceeding under section 405, 406, 407, or
408, the same interest to compensate for delay in payment shall be made
available as would be appropriate if awarded under section 717(d) of the
Civil Rights Act of 1964 (42 U.S.C. 2000e-16(d)).
(c) Civil Penalties and Punitive Damages.--No civil penalty or
punitive damages may be awarded with respect to any claim under this
Act.
(d) Exclusive Procedure.--
(1) In general.--Except as provided in paragraph (2), no
person may commence an administrative or judicial proceeding to
seek a remedy for the rights and protections afforded by this
Act except as provided in this Act.
(2) Veterans.--A covered employee under section 206 may also
utilize any provisions of chapter 43 of title 38, United States
Code, that are applicable to that employee.
(e) Scope of Remedy.--Only a covered employee who has undertaken and
completed the procedures described in sections 402 and 403 may be
granted a remedy under part A of this title.
(f) Construction.--
(1) Definitions and exemptions.--Except where inconsistent
with definitions and exemptions provided in this Act, the
definitions and exemptions in the laws made applicable by this
Act shall apply under this Act.
(2) Size limitations.--Notwithstanding paragraph (1),
provisions in the laws made applicable under this Act (other
than the Worker Adjustment and Retraining Notification Act)
determining coverage based on size, whether expressed in terms
of numbers of employees, amount of business transacted, or other
measure, shall not apply in determining coverage under this Act.
(3) Executive branch enforcement.--This Act shall not be
construed to authorize enforcement by the executive branch of
this Act.
[[Page 109 STAT. 23]]
PART F--STUDY
<<NOTE: 2 USC 1371.>> SEC. 230. STUDY AND RECOMMENDATIONS REGARDING
GENERAL ACCOUNTING OFFICE, GOVERNMENT PRINTING OFFICE, AND
LIBRARY OF CONGRESS.
(a) In General.--The Administrative Conference of the United States
shall undertake a study of--
(1) the application of the laws listed in subsection (b)
to--
(A) the General Accounting Office;
(B) the Government Printing Office; and
(C) the Library of Congress; and
(2) the regulations and procedures used by the entities
referred to in paragraph (1) to apply and enforce such laws to
themselves and their employees.
(b) Applicable Statutes.--The study under this section shall
consider the application of the following laws:
(1) Title VII of the Civil Rights Act of 1964 (42 U.S.C.
2000e et seq.), and related provisions of section 2302 of title
5, United States Code.
(2) The Age Discrimination in Employment Act of 1967 (29
U.S.C. 621 et seq.), and related provisions of section 2302 of
title 5, United States Code.
(3) The Americans with Disabilities Act of 1990 (42 U.S.C.
12101 et seq.), and related provisions of section 2302 of title
5, United States Code.
(4) The Family and Medical Leave Act of 1993 (29 U.S.C. 2611
et seq.), and related provisions of sections 6381 through 6387
of title 5, United States Code.
(5) The Fair Labor Standards Act of 1938 (29 U.S.C. 201 et
seq.), and related provisions of sections 5541 through 5550a of
title 5, United States Code.
(6) The Occupational Safety and Health Act of 1970 (29
U.S.C. 651 et seq.), and related provisions of section 7902 of
title 5, United States Code.
(7) The Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.).
(8) Chapter 71 (relating to Federal service labor-management
relations) of title 5, United States Code.
(9) The General Accounting Office Personnel Act of 1980 (31
U.S.C. 731 et seq.).
(10) The Employee Polygraph Protection Act of 1988 (29
U.S.C. 2001 et seq.).
(11) The Worker Adjustment and Retraining Notification Act
(29 U.S.C. 2101 et seq.).
(12) Chapter 43 (relating to veterans' employment and
reemployment) of title 38, United States Code.
(c) Contents of Study and Recommendations.--The study under this
section shall evaluate whether the rights, protections, and procedures,
including administrative and judicial relief, applicable to the entities
listed in paragraph (1) of subsection (a) and their employees are
comprehensive and effective and shall include recommendations for any
improvements in regulations or legislation, including proposed
regulatory or legislative language.
(d) Deadline and Delivery of Study.--Not later than December 31,
1996--
(1) the Administrative Conference of the United States shall
prepare and complete the study and recommendations
[[Page 109 STAT. 24]]
required under this section and shall submit the study and
recommendations to the Board; and
(2) the Board shall transmit such study and recommendations
(with the Board's comments) to the head of each entity
considered in the study, and to the Congress by delivery to the
Speaker of the House of Representatives and President pro
tempore of the Senate for referral to the appropriate committees
of the House of Representatives and of the Senate.
TITLE III--OFFICE OF COMPLIANCE
<<NOTE: 2 USC 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 Representatives and the
Senate. Appointments of the first 5 members of the Board shall be
completed not later than 90 days after the date of the enactment of this
Act.
(c) Chair.--The Chair shall be appointed from members of the Board
jointly by the Speaker of the House of Representatives, the Majority
Leader of the Senate, and the Minority Leaders of the House of
Representatives and the Senate.
(d) Board of Directors Qualifications.--
(1) Specific qualifications.--Selection and appointment of
members of the Board shall be without regard to political
affiliation and solely on the basis of fitness to perform the
duties of the Office. Members of the Board shall have training
or experience in the application of the rights, protections, and
remedies under one or more of the laws made applicable under
section 102.
(2) Disqualifications for appointments.--
(A) Lobbying.--No individual who engages in, or is
otherwise employed in, lobbying of the Congress and who
is required under the Federal Regulation of Lobbying Act
to register with the Clerk of the House of
Representatives or the Secretary of the Senate shall be
eligible for appointment to, or service on, the Board.
(B) Incompatible office.--No member of the Board
appointed under subsection (b) may hold or may have held
the position of Member of the House of Representatives
or Senator, may hold the position of officer or employee
of the House of Representatives, Senate, or
instrumentality or other entity of the legislative
branch, or may have held such a position (other than the
position of an officer or employee of the General
Accounting Office Personnel Appeals Board, an officer or
employee of the Office of Fair Employment Practices of
the House of Representatives, or officer or employee of
the Office of Senate Fair Employment Practices) within 4
years of the date of appointment.
(3) Vacancies.--A vacancy on the Board shall be filled in
the manner in which the original appointment was made.
[[Page 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
specified in subsection (b).
(f) Removal.--
(1) Authority.--Any member of the Board may be removed from
office by a majority decision of the appointing authorities
described in subsection (b), but only for--
(A) disability that substantially prevents the
member from carrying out the duties of the member,
(B) incompetence,
(C) neglect of duty,
(D) malfeasance, including a felony or conduct
involving moral turpitude, or
(E) holding an office or employment or engaging in
an activity that disqualifies the individual from
service as a member of the Board under subsection
(d)(2).
(2) Statement of reasons for removal.--In removing a member
of the Board, the Speaker of the House of Representatives and
the President pro tempore of the Senate shall state in writing
to the member of the Board being removed the specific reasons
for the removal.
(g) Compensation.--
(1) Per diem.--Each member of the Board shall be compensated
at a rate equal to the daily equivalent of the annual rate of
basic pay prescribed for level V of the Executive Schedule under
section 5316 of title 5, United States Code, for each day
(including travel time) during which such member is engaged in the
performance of the duties of the Board. The rate of pay of a member may
be prorated based on the portion of the day during which the member is
engaged in the performance of Board duties.
(2) Travel expenses.--Each member of the Board shall
receive travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies under
subchapter I of chapter 57 of title 5, United States Code, for
each day the member is engaged in the performance of duties away
from the home or regular place of business of the member.
(h) Duties.--The Office shall--
(1) carry out a program of education for Members of Congress
and other employing authorities of the legislative branch of the
Federal Government respecting the laws made applicable to them
and a program to inform individuals of their rights under laws
applicable to the legislative branch of the Federal Government;
(2) in carrying out the program under paragraph (1),
distribute the telephone number and address of the Office,
[[Page 109 STAT. 26]]
procedures for action under title IV, and any other information
appropriate for distribution, distribute such information to
employing offices in a manner suitable for posting, provide such
information to new employees of employing offices, distribute
such information to the residences of covered employees, and
conduct seminars and other activities designed to educate
employing offices and covered employees; and
<<NOTE: Records. Publication.>> (3) compile and publish
statistics on the use of the Office by covered employees,
including the number and type of contacts made with the Office,
on the reason for such contacts, on the number of covered
employees who initiated proceedings with the Office under this
Act and the result of such proceedings, and on the number of
covered employees who filed a complaint, the basis for the
complaint, and the action taken on the complaint.
(i) Congressional Oversight.--The Board and the Office shall be
subject to oversight (except with respect to the disposition of
individual cases) by the Committee on Rules and Administration and the
Committee on Governmental Affairs of the Senate and the Committee on
House Oversight of the House of Representatives.
(j) Opening of Office.--The Office shall be open for business,
including receipt of requests for counseling under section 402, not
later than 1 year after the date of the enactment of this Act.
(k) Financial Disclosure Reports.--Members of the Board and officers
and employees of the Office shall file the financial disclosure reports
required under title I of the Ethics in Government Act of 1978 with the
Clerk of the House of Representatives.
<<NOTE: 2 USC 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
Director shall be without regard to political
affiliation and solely on the basis of fitness to
perform the duties of the Office. The first Executive
Director shall be appointed no later than 90 days after
the initial appointment of the Board of Directors.
(B) Qualifications.--The Executive Director shall be
an individual with training or expertise in the
application of laws referred to in section 102(a).
(C) Disqualifications.--The disqualifications in
section 301(d)(2) shall apply to the appointment of the
Executive Director.
(2) Compensation.--The Chair may fix the compensation of the
Executive Director. The rate of pay for the Executive Director
may not exceed the annual rate of basic pay prescribed for level
V of the Executive Schedule under section 5316 of title 5,
United States Code.
(3) Term.--The term of office of the Executive Director
shall be a single term of 5 years, except that the first
Executive Director shall have a single term of 7 years.
(4) Duties.--The Executive Director shall serve as the chief
operating officer of the Office. Except as otherwise specified
in this Act, the Executive Director shall carry out all of the
responsibilities of the Office under this Act.
[[Page 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 Director
shall be a single term of 5 years, except that the first Deputy
Executive Directors shall have a single term of 6 years.
(3) Compensation.--The Chair may fix the compensation of the
Deputy Executive Directors. The rate of pay for a Deputy
Executive Director may not exceed 96 percent of the annual rate
of basic pay prescribed for level V of the Executive Schedule
under section 5316 of title 5, United States Code.
(4) Duties.--The Deputy Executive Director for the Senate
shall recommend to the Board regulations under section
304(a)(2)(B)(i), maintain the regulations and all records
pertaining to the regulations, and shall assume such other
responsibilities as may be delegated by the Executive Director.
The Deputy Executive Director for the House of Representatives
shall recommend to the Board the regulations under section
304(a)(2)(B)(ii), maintain the regulations and all records
pertaining to the regulations, and shall assume such other
responsibilities as may be delegated by the Executive Director.
(c) General Counsel.--
(1) In general.--The Chair, subject to the approval of the
Board, shall appoint a General Counsel. Selection and
appointment of the General Counsel shall be without regard to
political affiliation and solely on the basis of fitness to
perform the duties of the Office. The disqualifications in
section 301(d)(2) shall apply to the appointment of a General
Counsel.
(2) Compensation.--The Chair may fix the compensation of the
General Counsel. The rate of pay for the General Counsel may not
exceed the annual rate of basic pay prescribed for level V of
the Executive Schedule under section 5316 of title 5, United
States Code.
(3) Duties.--The General Counsel shall--
(A) exercise the authorities and perform the duties
of the General Counsel as specified in this Act; and
(B) otherwise assist the Board and the Executive
Director in carrying out their duties and powers,
including representing the Office in any judicial
proceeding under this Act.
(4) Attorneys in the office of the general counsel.--The
General Counsel shall appoint, and fix the compensation of, and
may remove, such additional attorneys as may be necessary to
enable the General Counsel to perform the General Counsel's
duties.
(5) Term.--The term of office of the General Counsel shall
be a single term of 5 years.
(6) Removal.--
(A) Authority.--The General Counsel may be removed
from office by the Chair but only for--
[[Page 109 STAT. 28]]
(i) disability that substantially prevents the
General Counsel from carrying out the duties of
the General Counsel,
(ii) incompetence,
(iii) neglect of duty,
(iv) malfeasance, including a felony or
conduct involving moral turpitude, or
(v) holding an office or employment or
engaging in an activity that disqualifies the
individual from service as the General Counsel
under paragraph (1).
(B) Statement of reasons for removal.--In removing
the General Counsel, the Speaker of the House of
Representatives and the President pro tempore of the
Senate shall state in writing to the General Counsel the
specific reasons for the removal.
(d) Other Staff.--The Executive Director shall appoint, and fix the
compensation of, and may remove, such other additional staff, including
hearing officers, but not including attorneys employed in the office of
the General Counsel, as may be necessary to enable the Office to perform
its duties.
(e) Detailed Personnel.--The Executive Director may, with the prior
consent of the department or agency of the Federal Government concerned,
use on a reimbursable or nonreimbursable basis the services of personnel
of any such department or agency, including the services of members or
personnel of the General Accounting Office Personnel Appeals Board.
(f) Consultants.--In carrying out the functions of the Office, the
Executive Director may procure the temporary (not to exceed 1 year) or
intermittent services of consultants.
<<NOTE: 2 USC 1383.>> 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 <<NOTE: Congressional Record,
publication.>> general notice of proposed rulemaking under section
553(b) of title 5, United States Code, but, instead of publication of a
general notice of proposed rulemaking in the Federal Register, the
Executive Director shall transmit such notice to the Speaker of the
House of Representatives and the President pro tempore of the Senate for
publication in the Congressional Record on the first day on which both
Houses are in session following such transmittal. Before adopting rules,
the Executive Director shall provide a comment period of at least 30
days after publication of a general notice of proposed rulemaking. Upon
adopting rules, the <<NOTE: Congressional Record,
publication.>> Executive Director shall transmit notice of such action
together with a copy of such rules to the Speaker of the House of
Representatives and the President pro tempore of the Senate for
publication in the Congressional Record on the first day on which both
Houses are in session following such transmittal. Rules shall be
considered issued by the Executive Director as of the date on which they
are published in the Congressional Record.
[[Page 109 STAT. 29]]
<<NOTE: 2 USC 1384.>> SEC. 304. SUBSTANTIVE REGULATIONS.
(a) Regulations.--
(1) In general.--The procedures applicable to the
regulations of the Board issued for the implementation of this
Act, which shall include regulations the Board is required to
issue under title II (including regulations on the appropriate
application of exemptions under the laws made applicable in
title II) are as prescribed in this section.
(2) Rulemaking procedure.--Such regulations of the Board--
(A) shall be adopted, approved, and issued in
accordance with subsection (b); and
(B) shall consist of 3 separate bodies of
regulations, which shall apply, respectively, to--
(i) the Senate and employees of the Senate;
(ii) the House of Representatives and
employees of the House of Representatives; and
(iii) all other covered employees and
employing offices.
(b) Adoption by the Board.--The Board shall adopt the regulations
referred to in subsection (a)(1) in accordance with the principles and
procedures set forth in section 553 of title 5, United States Code, and
as provided in the following provisions of this subsection:
<<NOTE: Congressional Record, publication.>> (1) Proposal.--
The Board shall publish a general notice of proposed rulemaking
under section 553(b) of title 5, United States Code, but,
instead of publication of a general notice of proposed
rulemaking in the Federal Register, the Board shall transmit
such notice to the Speaker of the House of Representatives and
the President pro tempore of the Senate for publication in the
Congressional Record on the first day on which both Houses are
in session following such transmittal. Such notice shall set
forth the recommendations of the Deputy Director for the Senate
in regard to regulations under subsection (a)(2)(B)(i), the
recommendations of the Deputy Director for the House of
Representatives in regard to regulations under subsection
(a)(2)(B)(ii), and the recommendations of the Executive Director
for regulations under subsection (a)(2)(B)(iii).
(2) Comment.--Before adopting regulations, the Board shall
provide a comment period of at least 30 days after publication
of a general notice of proposed rulemaking.
<<NOTE: Congressional Record, publication.>> (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
[[Page 109 STAT. 30]]
resolution or by the Congress by concurrent resolution or by
joint resolution. Regulations referred to in paragraph
(2)(B)(ii) of subsection (a) may be approved by the House of
Representatives by resolution or by the Congress by concurrent
resolution or by joint resolution. Regulations referred to in
paragraph (2)(B)(iii) may be approved by Congress by concurrent
resolution or by joint resolution.
(2) Referral.--Upon receipt of a notice of adoption of
regulations under subsection (b)(3), the presiding officers of
the House of Representatives and the Senate shall refer such
notice, together with a copy of such regulations, to the
appropriate committee or committees of the House of
Representatives and of the Senate. The purpose of the referral
shall be to consider whether such regulations should be
approved, and, if so, whether such approval should be by
resolution of the House of Representatives or of the Senate, by
concurrent resolution or by joint resolution.
(3) Joint referral and discharge in the senate.--The
presiding officer of the Senate may refer the notice of issuance
of regulations, or any resolution of approval of regulations, to
one committee or jointly to more than one committee. If a
committee of the Senate acts to report a jointly referred
measure, any other committee of the Senate must act within 30
calendar days of continuous session, or be automatically
discharged.
(4) One-house resolution or concurrent resolution.--In the
case of a resolution of the House of Representatives or the
Senate or a concurrent resolution referred to in paragraph (1),
the matter after the resolving clause shall be the following:
``The following regulations issued by the Office of Compliance
on ____ are hereby approved:'' (the blank space being
appropriately filled in, and the text of the regulations being
set forth).
(5) Joint resolution.--In the case of a joint resolution
referred to in paragraph (1), the matter after the resolving
clause shall be the following: ``The following regulations
issued by the Office of Compliance on ____ are hereby approved
and shall have the force and effect of law:'' (the blank space
being appropriately filled in, and the text of the regulations
being set forth).
(d) Issuance and Effective Date.--
<<NOTE: Congressional Record, publication.>> (1)
Publication.--After approval of regulations under subsection
(c), the Board shall submit the regulations to the Speaker of
the House of Representatives and the President pro tempore of
the Senate for publication in the Congressional Record on the
first day on which both Houses are in session following such
transmittal.
(2) Date of issuance.--The date of issuance of regulations
shall be the date on which they are published in the
Congressional Record under paragraph (1).
(3) Effective date.--Regulations shall become effective not
less than 60 days after the regulations are issued, except that
the Board may provide for an earlier effective date for good
cause found (within the meaning of section 553(d)(3) of title 5,
United States Code) and published with the regulation.
(e) Amendment of Regulations.--Regulations may be amended in the
same manner as is described in this section for the
[[Page 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 amendments that
satisfy the criteria for dispensing with publication of such notice
pursuant to section 553(b)(B) of title 5, United States Code.
(f) Right To Petition for Rulemaking.--Any interested party may
petition to the Board for the issuance, amendment, or repeal of a
regulation.
(g) Consultation.--The Executive Director, the Deputy Directors, and
the Board--
(1) shall consult, with regard to the development of
regulations, with--
(A) the Chair of the Administrative Conference of
the United States;
(B) the Secretary of Labor;
(C) the Federal Labor Relations Authority; and
(D) the Director of the Office of Personnel
Management; and
(2) may consult with any other persons with whom
consultation, in the opinion of the Board, the Executive
Director, or Deputy Directors, may be helpful.
<<NOTE: 2 USC 1385.>> SEC. 305. EXPENSES.
(a) Authorization of Appropriations.--Beginning in fiscal year 1995,
and for each fiscal year thereafter, there are authorized to be
appropriated for the expenses of the Office such sums as may be
necessary to carry out the functions of the Office. Until sums are first
appropriated pursuant to the preceding sentence, but for a period not
exceeding 12 months following the date of the enactment of this Act--
(1) one-half of the expenses of the Office shall be paid
from funds appropriated for allowances and expenses of the House
of Representatives, and
(2) one-half of the expenses of the Office shall be paid
from funds appropriated for allowances and expenses of the
Senate,
upon vouchers approved by the Executive Director, except that a voucher
shall not be required for the disbursement of salaries of employees who
are paid at an annual rate. The Clerk of the House of Representatives
and the Secretary of the Senate are authorized to make arrangements for
the division of expenses under this subsection, including arrangements
for one House of Congress to reimburse the other House of Congress.
(b) Financial and Administrative Services.--The Executive Director
may place orders and enter into agreements for goods and services with
the head of any agency, or major organizational unit within an agency,
in the legislative or executive branch of the United States in the same
manner and to the same extent as agencies are authorized under sections
1535 and 1536 of title 31, United States Code, to place orders and enter
into agreements.
(c) Witness Fees and Allowances.--Except for covered employees,
witnesses before a hearing officer or the Board in any proceeding under
this Act other than rulemaking shall be paid the same fee and mileage
allowances as are paid subpoenaed witnesses in the courts of the United
States. Covered employees who are summoned, or are assigned by their
employer, to testify in
[[Page 109 STAT. 32]]
their official capacity or to produce official records in any proceeding
under this Act shall be entitled to travel expenses under subchapter I
and section 5751 of chapter 57 of title 5, United States Code.
TITLE IV--ADMINISTRATIVE AND JUDICIAL DISPUTE-RESOLUTION PROCEDURES
<<NOTE: 2 USC 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 receiving a
request for counseling under section 402, may recommend that the
employee use the grievance procedures of the Architect of the Capitol or
the Capitol Police for resolution of the employee's grievance for a
specific period of time, which shall not count against the time
available for counseling or mediation.
<<NOTE: 2 USC 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.
<<NOTE: 2 USC 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
[[Page 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 employing office.
(c) Mediation Period.--The mediation period shall be 30 days
beginning on the date the request for mediation is received. The
mediation period may be extended for additional periods at the joint
request of the covered employee and the employing office. The Office
shall notify in writing the <<NOTE: Notification.>> covered employee and
the employing office when the mediation period has ended.
(d) Independence of Mediation Process.--No individual, who is
appointed by the Executive Director to mediate, may conduct or aid in a
hearing conducted under section 405 with respect to the same matter or
shall be subject to subpoena or any other compulsory process with
respect to the same matter.
<<NOTE: 2 USC 1404.>> SEC. 404. ELECTION OF PROCEEDING.
Not later than 90 days after a covered employee receives notice of
the end of the period of mediation, but no sooner than 30 days after
receipt of such notification, such covered employee may either--
(1) file a complaint with the Office in accordance with
section 405, or
(2) file a civil action in accordance with section 408 in
the United States district court for the district in which the
employee is employed or for the District of Columbia.
<<NOTE: 2 USC 1405.>> SEC. 405. COMPLAINT AND HEARING.
(a) In General.--A covered employee may, upon the completion of
mediation under section 403, file a complaint with the Office. The
respondent to the complaint shall be the employing office--
(1) involved in the violation, or
(2) in which the violation is alleged to have occurred,
and about which mediation was conducted.
(b) Dismissal.--A hearing officer may dismiss any claim that the
hearing officer finds to be frivolous or that fails to state a claim
upon which relief may be granted.
(c) Hearing Officer.--
(1) Appointment.--Upon the filing of a complaint, the
Executive Director shall appoint an independent hearing officer
to consider the complaint and render a decision. No Member of
the House of Representatives, Senator, officer of either the
House of Representatives or the Senate, head of an employing
office, member of the Board, or covered employee may be
appointed to be a hearing officer. The Executive Director shall
select hearing officers on a rotational or random basis from the
lists developed under paragraph (2). Nothing in this section
shall prevent the appointment of hearing officers as full-time
employees of the Office or the selection of hearing officers on
the basis of specialized expertise needed for particular
matters.
(2) Lists.--The Executive Director shall develop master
lists, composed of--
(A) members of the bar of a State or the District of
Columbia and retired judges of the United States courts
who are experienced in adjudicating or arbitrating the
[[Page 109 STAT. 34]]
kinds of personnel and other matters for which hearings
may be held under this Act, and
(B) individuals expert in technical matters relating
to accessibility and usability by persons with
disabilities or technical matters relating to
occupational safety and health.
In developing lists, the Executive Director shall consider
candidates recommended by the Federal Mediation and Conciliation
Service or the Administrative Conference of the United States.
(d) Hearing.--Unless a complaint is dismissed before a hearing, a
hearing shall be--
<<NOTE: 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 permitted at
the discretion of the hearing officer.
(f) Subpoenas.--
(1) In general.--At the request of a party, a hearing
officer may issue subpoenas for the attendance of witnesses and
for the production of correspondence, books, papers, documents,
and other records. The attendance of witnesses and the
production of records may be required from any place within the
United States. Subpoenas shall be served in the manner provided
under rule 45(b) of the Federal Rules of Civil Procedure.
(2) Objections.--If a person refuses, on the basis of
relevance, privilege, or other objection, to testify in response
to a question or to produce records in connection with a
proceeding before a hearing officer, the hearing officer shall
rule on the objection. At the request of the witness or any
party, the hearing officer shall (or on the hearing officer's
own initiative, the hearing officer may) refer the ruling to the
Board for review.
(3) Enforcement.--
(A) In general.--If a person fails to comply with a
subpoena, the Board may authorize the General Counsel to
apply, in the name of the Office, to an appropriate
United States district court for an order requiring that
person to appear before the hearing officer to give
testimony or produce records. The application may be
made within the judicial district where the hearing is
conducted or where that person is found, resides, or
transacts business. Any failure to obey a lawful order
of the district court issued pursuant to this section
may be held by such court to be a civil contempt
thereof.
(B) Service of process.--Process in an action or
contempt proceeding pursuant to subparagraph (A) may be
served in any judicial district in which the person
refusing or failing to comply, or threatening to refuse
or not to
[[Page 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 <<NOTE: Records.>> title II. The decision shall be entered
in the records of the Office. If a decision is not appealed under
section 406 to the Board, the decision shall be considered the final
decision of the Office.
(h) Precedents.--A hearing officer who conducts a hearing under this
section shall be guided by judicial decisions under the laws made
applicable by section 102 and by Board decisions under this Act.
<<NOTE: 2 USC 1406.>> SEC. 406. APPEAL TO THE BOARD.
(a) In General.--Any party aggrieved by the decision of a hearing
officer under section 405(g) may file a petition for review by the Board
not later than 30 days after entry of the decision in the records of the
Office.
(b) Parties' Opportunity To Submit Argument.--The parties to the
hearing upon which the decision of the hearing officer was made shall
have a reasonable opportunity to be heard, through written submission
and, in the discretion of the Board, through oral argument.
(c) Standard of Review.--The Board shall set aside a decision of a
hearing officer if the Board determines that the decision was--
(1) arbitrary, capricious, an abuse of discretion, or
otherwise not consistent with law;
(2) not made consistent with required procedures; or
(3) unsupported by substantial evidence.
(d) Record.--In making determinations under subsection (c), the
Board shall review the whole record, or those parts of it cited by a
party, and due account shall be taken of the rule of prejudicial error.
(e) Decision.--The Board shall issue a written decision setting
forth the reasons for its decision. The decision may affirm, reverse, or
remand to the hearing officer for further proceedings.
A <<NOTE: Records.>> decision that does not require further proceedings
before a hearing officer shall be entered in the records of the Office
as a final decision.
<<NOTE: 2 USC 1407.>> SEC. 407. JUDICIAL REVIEW OF BOARD DECISIONS AND
ENFORCEMENT.
(a) Jurisdiction.--
(1) Judicial review.--The United States Court of Appeals for
the Federal Circuit shall have jurisdiction over any proceeding
commenced by a petition of--
(A) a party aggrieved by a final decision of the
Board under section 406(e) in cases arising under part A
of title II,
(B) a charging individual or a respondent before the
Board who files a petition under section 210(d)(4),
(C) the General Counsel or a respondent before the
Board who files a petition under section 215(c)(5), or
[[Page 109 STAT. 36]]
(D) the General Counsel or a respondent before the
Board who files a petition under section 220(c)(3).
The court of appeals shall have exclusive jurisdiction to set
aside, suspend (in whole or in part), to determine the validity
of, or otherwise review the decision of the Board.
(2) Enforcement.--The United States Court of Appeals for the
Federal Circuit shall have jurisdiction over any petition of the
General Counsel, filed in the name of the Office and at the
direction of the Board, to enforce a final decision under
section 405(g) or 406(e) with respect to a violation of part A,
B, C, or D of title II.
(b) Procedures.--
(1) Respondents.--(A) In any proceeding commenced by a
petition filed under subsection (a)(1) (A) or (B), or filed by a
party other than the General Counsel under subsection (a)(1) (C)
or (D), the Office shall be named respondent and any party
before the Board may be named respondent by filing a notice of
election with the court within 30 days after service of the
petition.
(B) In any proceeding commenced by a petition filed by the
General Counsel under subsection (a)(1) (C) or (D), the
prevailing party in the final decision entered under section
406(e) shall be named respondent, and any other party before the
Board may be named respondent by filing a notice of election
with the court within 30 days after service of the petition.
(C) In any proceeding commenced by a petition filed under
subsection (a)(2), the party under section 405 or 406 that the
General Counsel determines has failed to comply with a final
decision under section 405(g) or 406(e) shall be named
respondent.
(2) Intervention.--Any party that participated in the
proceedings before the Board under section 406 and that was not
made respondent under paragraph (1) may intervene as of right.
(c) Law Applicable.--Chapter 158 of title 28, United States Code,
shall apply to judicial review under paragraph (1) of subsection (a),
except that--
(1) with respect to section 2344 of title 28, United States
Code, service of a petition in any proceeding in which the
Office is a respondent shall be on the General Counsel rather
than on the Attorney General;
(2) the provisions of section 2348 of title 28, United
States Code, on the authority of the Attorney General, shall not
apply;
(3) the petition for review shall be filed not later than 90
days after the entry in the Office of a final decision under
section 406(e); and
(4) the Office shall be an ``agency'' as that term is used
in chapter 158 of title 28, United States Code.
(d) Standard of Review.--To the extent necessary for decision in a
proceeding commenced under subsection (a)(1) and when presented, the
court shall decide all relevant questions of law and interpret
constitutional and statutory provisions. The court shall set aside a
final decision of the Board if it is determined that the decision was--
(1) arbitrary, capricious, an abuse of discretion, or
otherwise not consistent with law;
[[Page 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.
<<NOTE: 2 USC 1408.>> SEC. 408. CIVIL ACTION.
(a) Jurisdiction.--The district courts of the United States shall
have jurisdiction over any civil action commenced under section 404 and
this section by a covered employee who has completed counseling under
section 402 and mediation under section 403. A civil action may be
commenced by a covered employee only to seek redress for a violation for
which the employee has completed counseling and mediation.
(b) Parties.--The defendant shall be the employing office alleged to
have committed the violation, or in which the violation is alleged to
have occurred.
(c) Jury Trial.--Any party may demand a jury trial where a jury
trial would be available in an action against a private defendant under
the relevant law made applicable by this Act. In any case in which a
violation of section 201 is alleged, the court shall not inform the jury
of the maximum amount of compensatory damages available under section
201(b)(1) or 201(b)(3).
<<NOTE: 2 USC 1409.>> SEC. 409. JUDICIAL REVIEW OF REGULATIONS.
In any proceeding brought under section 407 or 408 in which the
application of a regulation issued under this Act is at issue, the court
may review the validity of the regulation in accordance with the
provisions of subparagraphs (A) through (D) of section 706(2) of title
5, United States Code, except that with respect to regulations approved
by a joint resolution under section 304(c), only the provisions of
section 706(2)(B) of title 5, United States Code, shall apply. If the
court determines that the regulation is invalid, the court shall apply,
to the extent necessary and appropriate, the most relevant substantive
executive agency regulation promulgated to implement the statutory
provisions with respect to which the invalid regulation was issued.
Except as provided in this section, the validity of regulations issued
under this Act is not subject to judicial review.
<<NOTE: 2 USC 1410.>> SEC. 410. OTHER JUDICIAL REVIEW PROHIBITED.
Except as expressly authorized by sections 407, 408, and 409, the
compliance or noncompliance with the provisions of this Act and any
action taken pursuant to this Act shall not be subject to judicial
review.
<<NOTE: 2 USC 1411.>> SEC. 411. EFFECT OF FAILURE TO ISSUE REGULATIONS.
In any proceeding under section 405, 406, 407, or 408, except a
proceeding to enforce section 220 with respect to offices listed under
section 220(e)(2), if the Board has not issued a regulation on a matter
for which this Act requires a regulation to be issued, the hearing
officer, Board, or court, as the case may be, shall apply, to the extent
necessary and appropriate, the most relevant substantive executive
agency regulation promulgated to implement the statutory provision at
issue in the proceeding.
[[Page 109 STAT. 38]]
<<NOTE: 2 USC 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 previously
ruled on the question, accept jurisdiction over the appeal referred to
in subsection (a), advance the appeal on the docket, and expedite the
appeal to the greatest extent possible.
<<NOTE: 2 USC 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 jurisdiction.
<<NOTE: 2 USC 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.
<<NOTE: Appropriation authorization. 2 USC 1415.>> SEC. 415. PAYMENTS.
(a) Awards and Settlements.--Except as provided in subsection (c),
only funds which are appropriated to an account of the Office in the
Treasury of the United States for the payment of awards and settlements
may be used for the payment of awards and settlements under this Act.
There are authorized to be appropriated for such account such sums as
may be necessary to pay such awards and settlements. Funds in the
account are not available for awards and settlements involving the
General Accounting Office, the Government Printing Office, or the
Library of Congress.
(b) Compliance.--Except as provided in subsection (c), there are
authorized to be appropriated such sums as may be necessary for
administrative, personnel, and similar expenses of employing offices
which are needed to comply with this Act.
(c) OSHA, Accommodation, and Access Requirements.--Funds to correct
violations of section 201(a)(3), 210, or 215 of this Act may be paid
only from funds appropriated to the employing office or entity
responsible for correcting such violations. There are authorized to be
appropriated such sums as may be necessary for such funds.
<<NOTE: 2 USC 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 subsections
(d), (e), and (f), all proceedings and deliberations of hearing
[[Page 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).
<<NOTE: Public information.>> (f) Final Decisions.--A final decision
entered under section 405(g) or 406(e) shall be made public if it is in
favor of the complaining covered employee, or in favor of the charging
party under section 210, or if the decision reverses a decision of a
hearing officer which had been in favor of the covered employee or
charging party. The Board may make public any other decision at its
discretion.
TITLE V--MISCELLANEOUS PROVISIONS
<<NOTE: 2 USC 1431.>> SEC. 501. EXERCISE OF RULEMAKING POWERS.
The provisions of sections 102(b)(3) and 304(c) are enacted--
(1) as an exercise of the rulemaking power of the House of
Representatives and the Senate, respectively, and as such they
shall be considered as part of the rules of such House,
respectively, and such rules shall supersede other rules only to
the extent that they are inconsistent therewith; and
(2) with full recognition of the constitutional right of
either House to change such rules (so far as relating to such
House) at any time, in the same manner, and to the same extent
as in the case of any other rule of each House.
<<NOTE: 2 USC 1432.>> SEC. 502. POLITICAL AFFILIATION AND PLACE OF
RESIDENCE.
(a) In General.--It shall not be a violation of any provision of
section 201 to consider the--
(1) party affiliation;
(2) domicile; or
(3) political compatibility with the employing office;
of an employee referred to in subsection (b) with respect to employment
decisions.
(b) Definition.--For purposes of subsection (a), the term
``employee'' means--
(1) an employee on the staff of the leadership of the House
of Representatives or the leadership of the Senate;
(2) an employee on the staff of a committee or subcommittee
of--
(A) the House of Representatives;
(B) the Senate; or
(C) a joint committee of the Congress;
[[Page 109 STAT. 40]]
(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).
<<NOTE: 2 USC 1433.>> SEC. 503. NONDISCRIMINATION RULES OF THE HOUSE AND
SENATE.
The Select Committee on Ethics of the Senate and the Committee on
Standards of Official Conduct of the House of Representatives retain
full power, in accordance with the authority provided to them by the
Senate and the House, with respect to the discipline of Members,
officers, and employees for violating rules of the Senate and the House
on nondiscrimination in employment.
SEC. 504. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Civil Rights Remedies.--
(1) Sections 301 and 302 of the Government Employee Rights
Act of 1991 (2 U.S.C. 1201 and 1202) are amended to read as
follows:
``SEC. 301. GOVERNMENT EMPLOYEE RIGHTS ACT OF 1991.
``(a) Short Title.--This title may be cited as the `Government
Employee Rights Act of 1991'.
``(b) Purpose.--The purpose of this title is to provide procedures
to protect the rights of certain 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
remedies as would be appropriate if awarded under sections
706(g), 706(k), and 717(d) of the Civil Rights Act of 1964 (42
U.S.C. 2000e-5(g), 2000e-5(k), 2000e-16(d)), and such
compensatory damages as would be appropriate if awarded under
section
[[Page 109 STAT. 41]]
1977 or sections 1977A(a) and 1977A(b)(2) of the Revised
Statutes (42 U.S.C. 1981 and 1981a (a) and (b)(2));
``(2) may include, in the case of a determination that a
violation of subsection (a)(2) has occurred, such remedies as
would be appropriate if awarded under section 15(c) of the Age
Discrimination in Employment Act of 1967 (29 U.S.C. 633a(c));
and
``(3) may not include punitive damages.''.
(2) Sections 303 through 319, and sections 322, 324, and 325
of the Government Employee Rights Act of 1991 (2 U.S.C. 1203-
1218, 1221, 1223, and 1224) are repealed, except as provided in
section 506 of this Act.
(3) Sections 320 and 321 of the Government Employee Rights
Act of 1991 (2 U.S.C. 1219 and 1220) are redesignated as
sections 303 and 304, respectively.
(4) Sections 303 and 304 of the Government Employee Rights
Act of 1991, as so redesignated, are each amended by striking
``and 307(h) of this title''.
(5) Section 1205 of the Supplemental Appropriations Act of
1993 (2 U.S.C. 1207a) is repealed, except as provided in section
506 of this Act.
(b) Family and Medical Leave Act of 1993.--Title V of the Family and
Medical Leave Act of 1993 (2 U.S.C. 60m et seq.) is repealed, except as
provided in section 506 of this Act.
(c) Architect of the Capitol.--
(1) Repeal.--Section 312(e) of the Architect of the Capitol
Human Resources Act <<NOTE: 40 USC 166b-7.>> (Public Law 103-
283; 108 Stat. 1444) is repealed, except as provided in section
506 of this Act.
<<NOTE: 31 USC 1751 note.>> (2) Application of general
accounting office personnel act of 1980.--The provisions of
sections 751, 753, and 755 of title 31, United States Code,
amended by section 312(e) of the Architect of the Capitol Human
Resources Act, shall be applied and administered as if such
section 312(e) (and the amendments made by such section) had not
been enacted.
<<NOTE: 2 USC 1434.>> SEC. 505. JUDICIAL BRANCH COVERAGE STUDY.
<<NOTE: Reports.>> The Judicial Conference of the United States
shall prepare a report for submission by the Chief Justice of the United
States to the Congress on the application to the judicial branch of the
Federal Government of--
(1) the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et
seq.);
(2) title VII of the Civil Rights Act of 1964 (42 U.S.C.
2000e et seq.);
(3) the Americans with Disabilities Act of 1990 (42 U.S.C.
12101 et seq.);
(4) the Age Discrimination in Employment Act of 1967 (29
U.S.C. 621 et seq.);
(5) the Family and Medical Leave Act of 1993 (29 U.S.C. 2611
et seq.);
(6) the Occupational Safety and Health Act of 1970 (29
U.S.C. 651 et seq.);
(7) chapter 71 (relating to Federal service labor-management
relations) of title 5, United States Code;
(8) the Employee Polygraph Protection Act of 1988 (29 U.S.C.
2001 et seq.);
[[Page 109 STAT. 42]]
(9) the Worker Adjustment and Retraining Notification Act
(29 U.S.C. 2101 et seq.);
(10) the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.);
and
(11) chapter 43 (relating to veterans' employment and
reemployment) of title 38, United States Code.
The report shall be submitted to Congress not later than December 31,
1996, and shall include any recommendations the Judicial Conference may
have for legislation to provide to employees of the judicial branch the
rights, protections, and procedures under the listed laws, including
administrative and judicial relief, that are comparable to those
available to employees of the legislative branch under titles I through
IV of this Act.
<<NOTE: 2 USC 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 Employees
Rights Act of 1991 (2 U.S.C. 1201 et seq.) and Rule LI of the
House of Representatives relating to counseling and mediation
shall remain in effect, and the employee may complete under that
Act or Rule the requirements for counseling and mediation under
sections 402 and 403. If, after counseling and mediation is
completed, the Office has not yet opened for the filing of a
timely complaint under section 405, the employee may elect--
(A) to file a complaint under section 307 of the
Government Employees Rights Act of 1991 (2 U.S.C. 1207)
or Rule LI of the House of Representatives, and
thereafter proceed exclusively under that Act or Rule,
the provisions of which shall remain in effect until the
completion of all proceedings in relation to the
complaint, or
(B) to commence a civil action under section 408.
(3) Section 1205 of the supplemental appropriations act of
1993.--With respect to payments of awards and settlements
relating to Senate employees under paragraph (1) of this
subsection, section 1205 of the Supplemental Appropriations Act
of 1993 (2 U.S.C. 1207a) remains in effect.
[[Page 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 sections
402 and 403, the employee may satisfy the requirements for
counseling and mediation by exhausting the requirements
prescribed by the Architect of the Capitol in accordance with
section 312(e)(3) of the Architect of the Capitol Human
Resources Act (Public Law 103-283). If, after exhaustion of
those requirements the Office has not yet opened for the filing
of a timely complaint under section 405, the employee may
elect--
(A) to file a charge with the General Accounting
Office Personnel Appeals Board pursuant to section
312(e)(3) of the Architect of the Capitol Human
Resources Act (Public Law 103-283), and thereafter
proceed exclusively under section 312(e) of that Act,
the provisions of which shall remain in effect until the
completion of all proceedings in relation to the charge,
or
(B) to commence a civil action under section 408.
(c) Transition Provision Relating To Matters Other Than Employment
Under Section 509 of the Americans With Disabilities Act of 1990.--With
respect to matters other than employment under section 509 of the
Americans with Disabilities Act of 1990 (42 U.S.C. 12209), the rights,
protections, remedies, and procedures of section 509 of such Act shall
remain in effect until section 210 of this Act takes effect with respect
to each of the entities covered by section 509 of such Act.
<<NOTE: 2 USC 1436.>> SEC. 507. USE OF FREQUENT FLYER MILES.
(a) Limitation on the Use of Travel Awards.--Notwithstanding any
other provision of law, or any rule, regulation, or other authority, any
travel award that accrues by reason of official travel of a Member,
officer, or employee of the Senate shall be considered the property of
the office for which the travel was performed and may not be converted
to personal use.
(b) Regulations.--The Committee on Rules and Administration of the
Senate shall have authority to prescribe regulations to carry out this
section.
(c) Definitions.--As used in this section--
(1) the term ``travel award'' means any frequent flyer,
free, or discounted travel, or other travel benefit, whether
awarded by coupon, membership, or otherwise; and
[[Page 109 STAT. 44]]
(2) the term ``official travel'' means travel engaged in the
course of official business of the Senate.
<<NOTE: 2 USC 1437.>> SEC. 508. SENSE OF SENATE REGARDING ADOPTION OF
SIMPLIFIED AND STREAMLINED ACQUISITION PROCEDURES FOR SENATE
ACQUISITIONS.
It is the sense of the Senate that the Committee on Rules and
Administration of the Senate should review the rules applicable to
purchases by Senate offices to determine whether they are consistent
with the acquisition simplification and streamlining laws enacted in the
Federal Acquisition Streamlining Act of 1994 (Public Law 103-355).
<<NOTE: 2 USC 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.
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LEGISLATIVE HISTORY--S. 2 (H.R. 1):
CONGRESSIONAL RECORD, Vol. 141 (1995):
Jan. 4, H.R. 1 considered and passed House.
Jan. 5, 6, 9-11, S. 2 considered and passed Senate.
Jan. 12, H.R. 1 considered and passed Senate, amended, in
lieu of S. 2.
Jan. 17, S. 2 considered and passed House.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 31 (1995):
Jan. 23, Presidential remarks.
<all>