[Congressional Bills 104th Congress]
[From the U.S. Government Printing Office]
[S. 2 Enrolled Bill (ENR)]
S.2
One Hundred Fourth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Wednesday,
the fourth day of January, one thousand nine hundred and ninety-five
An Act
To make certain laws applicable to the legislative branch of the Federal
Government.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

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(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:

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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

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TITLE I

-GENERAL

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.

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TITLE II

-EXTENSION OF RIGHTS AND PROTECTIONS

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Part B--Public Services and Accommodations Under the Americans With
Disabilities Act of 1990

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Act of 1990 relating to public services and accommodations;
procedures for remedy of violations.
Part C--Occupational Safety and Health Act of 1970

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Health Act of 1970; procedures for remedy of violations.
Part D--Labor-Management Relations

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relating to Federal service labor-management relations;
procedures for remedy of violations.
Part E--General

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Government Printing Office, and Library of Congress.

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streamlined acquisition procedures for Senate acquisitions.

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TITLE V

-MISCELLANEOUS PROVISIONS

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.
(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.

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(a) Laws Made Applicable.--The following laws shall apply, as
prescribed by this Act, to the legislative branch of the Federal
Government:
(1) The Fair Labor Standards Act of 1938 (29 U.S.C. 201 et
seq.).
(2) Title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e
et seq.).
(3) The Americans with Disabilities Act of 1990 (42 U.S.C.
12101 et seq.).
(4) The Age Discrimination in Employment Act of 1967 (29 U.S.C.
621 et seq.).
(5) The Family and Medical Leave Act of 1993 (29 U.S.C. 2611 et
seq.).
(6) The Occupational Safety and Health Act of 1970 (29 U.S.C.
651 et seq.).
(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 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.
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

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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 (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.

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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 regulations 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.

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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.

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PROTECTION ACT OF 1988.
(a) Polygraph Practices Prohibited.--
(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.

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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
``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.

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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 paragraphs (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.

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(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

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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);
(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 violation 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 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.
(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

eee0bf8c544c3c5e2b97e5e35790eaac8ef264ab4cb54d647b6f279a40e6ee10

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 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 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.--
(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

b1c591fd11093d057c1733b9856ad1144901df269fb1f5e1ac430830e98878a4

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 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, 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
(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

9396febf1dc995704bbd5b9409712d48e99942fc86216f4607b511fef50f16c1

(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.
PART F--STUDY

237eb33a7375df0b871fefaea18d56f0ee356b05510ef01f95cb38d67ae36d78

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 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.

090d2085edd1cb6e277a6992b7544845b925e521504569cacb73dc656a5f9cba

(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.
(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, 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
(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.

605eac70cdabfe51571a72a4072a3be478a161bb0ac2a4dfd90208ca552b65c0

TITLE III

-OFFICE OF COMPLIANCE

(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.
(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--
(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.

fbcd61eb92653283c06486a9833d8166bdbaabcceecdbccbb1ae5a32080556b3

(a) In General.--The Executive Director shall, subject to the
approval of the Board, adopt rules governing the procedures of the
Office, including the procedures of hearing officers, which shall be
submitted for publication in the Congressional Record. The rules may be
amended in the same manner.
(b) Procedure.--The Executive Director shall adopt rules referred
to in subsection (a) in accordance with the principles and procedures
set forth in section 553 of title 5, United States Code. The Executive
Director shall publish a general notice of proposed rulemaking under
section 553(b) of title 5, United States Code, but, instead of
publication of a general notice of proposed 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 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.

4ef62dbb3a65c5836220f5a77ccb025e8377b5cbfdc89693d5537a1b269ecf30

(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:
(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.
(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 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.--
(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 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.

9c5feb9b8abdd3bebad9f0b08fca48df8c7c171b2319e6f93d2963de6b1a4bd7

(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 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.

fb931709a87851dc4e50bc461955f5f2b73ff6f4398f97dccbd4166912c363bb

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.

0fe84022e525fd1bdab96741071211488d75a04531b2d7c38ca50f931a122df3

TITLE IV

-ADMINISTRATIVE AND JUDICIAL DISPUTE-RESOLUTION PROCEDURES

(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.

eb233356f1096b3a1e8ae16a9a9fbdc31f83f994958bfaa4748f835e5142ed25

(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 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 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.

db792944ab43e997cfec1ca7e8c063c27652841d893a3b2c3a74357ebfb672af

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.

c66352e260dc0beb885437a89aa4567434cdd2731f6b91e1615f39ba184bef38

(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 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--
(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 comply, resides,
transacts business, or may be found, and subpoenas for
witnesses who are required to attend such proceedings may run
into any other district.
(g) Decision.--The hearing officer shall issue a written decision
as expeditiously as possible, but in no case more than 90 days after
the conclusion of the hearing. The written decision shall be
transmitted by the Office to the parties. The decision shall state the
issues raised in the complaint, describe the evidence in the record,
contain findings of fact and conclusions of law, contain a
determination of whether a violation has occurred, and order such
remedies as are appropriate pursuant to title II. The decision 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.

2a0b4d950d4f182764dcba6e8df93346ff1e1873a498bf6d3aac51b1934b4d08

(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 decision
that does not require further proceedings before a hearing officer
shall be entered in the records of the Office as a final decision.

03f1a3ea92d91262b69ad4c7f2c271ef141566a0d2aaf12491b422a974f49f4c

(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
(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;
(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.

527c93349a95c83c2b7f88a904ab9c0eba7705cc0fe9417f12c78ec8eac196a1

(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).

018ad0a3f317b8c6d504ebbb1e700f7c99480ae042b90179f18b20897a6163fe

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.

124cef347e0f4e46538fd8440c054c6a8b1aef34ffd17d0a27a479d0f25ce06e

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.

fd5e1eca3c0b54b665e64fb275748487e4732f2abbb4cd024604b106dff66adc

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.

dedff1d00b7055daab3291f98e12067782797d5a368f086a5a2f68f5356e1c27

(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.

29f27ae73df1bfdeda5f0d65bfe20e23d5c20ce59a987b72f6bcec27522b002f

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.

468abab7828448f404ed17227d98f3024ba0729f8eb35e3e66f5071895d86411

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.

6e7a951ddd8f98829bee7c367b5063546048a47498dac1ba54035abf6371ed0f

(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.

21e794a039f11237e85da07d19d4eb72eb8c5fbbdb622022b4e3080d3e7e0d63

(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
officers and the Board, including any related records, shall be
confidential. This subsection shall not apply to proceedings under
section 215, but shall apply to the deliberations of hearing officers
and the Board under that section.
(d) Release of Records for Judicial Action.--The records of hearing
officers and the Board may be made public if required for the purpose
of judicial review under section 407.
(e) Access by Committees of Congress.--At the discretion of the
Executive Director, the Executive Director may provide to the Committee
on Standards of Official Conduct of the House of Representatives and
the Select Committee on Ethics of the Senate access to the records of
the hearings and decisions of the hearing officers and the Board,
including all written and oral testimony in the possession of the
Office. The Executive Director shall not provide such access until the
Executive Director has consulted with the individual filing the
complaint at issue, and until a final decision has been entered under
section 405(g) or 406(e).
(f) Final Decisions.--A final decision entered under section 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.

59936a17b0d8e18dda3e672a3df0a1c98b0da67b50d4af3bf5d94e3e8c36093a

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.

a4057aafd213659a1d6b8bbfc92f771ba4d61442e0c8ff95a7d2d37c81a9579f

(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;
(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).

8f3c0ff2862de585f10ad2413c243855063a5e3ac204e7506dd3b48dc1cbf40f

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.

bc9b316cbe47d7cf190089b7e8508c90a58574a9f022a9a9f2928018a75051a9

(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 governmentemployees, 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 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 (Public Law 103-283; 108 Stat. 1444) is
repealed, except as provided in section 506 of this Act.
(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.

1d9906e17b29696f050c5f184f35cd3ed3caa7ff741e4379886a160a4d0803d2

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.);
(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.

b3f178a59589f061b0dc99a410dd51327280cb148643304536351919e637154a

(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.
(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.

cb02ee3894e3aca7a34a6d841ca12bc9d91b4bd445911dd615f713d9d49877e0

(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
(2) the term ``official travel'' means travel engaged in the
course of official business of the Senate.

d93682bb0d0d05b6cd042a1bbaaa1b577e7a08377881a30a8319004266240269

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).

a52e42a103265247294676d91cc253834a4601e0f573661170643ce18d5ff2cf

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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

40022afc4ba25a2de0b837b9282ef41858fbe58c6b9095eb48f2bc9b3e3260a1

Contract with America bill — S. 2

Other Sections

TITLE I

TITLE II

TITLE V

TITLE III

TITLE IV

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