[Congressional Record Volume 141, Number 6 (Wednesday, January 11, 1995)]
[Senate]
[Pages S762-S780]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
CONGRESSIONAL ACCOUNTABILITY ACT
The Senate continued with the consideration of the bill.
Mr. DOLE. As I understand it, under the agreement, there will now be
a colloquy between myself and the distinguished Senator from Nevada,
Senator Bryan.
The PRESIDING OFFICER. That is the Chair's understanding.
Mr. DOLE. I ask unanimous consent that the Lautenberg amendment be
set aside.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. BRYAN. Mr. President, I yield to the distinguished majority
leader.
Mr. DOLE. Does the Senator from Nevada wish to make a statement first
and have me respond?
Mr. BRYAN. As the majority leader prefers. I am willing to do it
either way.
Mr. DOLE. I think I should respond to the Senator's request.
Mr. BRYAN. I thank the leader.
Mr. President, Members of the Senate, yesterday I was prepared to
offer an amendment to the Congressional Accountability Act, S. 2, which
would have made congressional pensions and that of our employees on a
parity with other Federal civil servants.
The distinguished majority leader and I had several conversations on
the floor yesterday evening. I received an assurance from him that he
believed that this is an important issue for the Senate to address. I
know that it is his intention to do so, and I accept his representation
that this is a matter that is going to come before the body.
I indicated to the majority leader that I would forbear in offering
the amendment. However, if I saw no action by the Easter recess of this
year, it would be my intention to offer an amendment on congressional
pension reform, to any piece of legislation which might then be pending
on the floor of the Senate for action.
I am satisfied in my own mind that the majority leader shares my
commitment to address this and I accept his representation and I thank
him for his comments.
But I think that our colleagues need to understand, that although we
are not going to be voting on this today because of the commitment that
I have had from the distinguished majority leader, this is not an issue
we are going to be able to postpone and bury. It is going to come
before the Senate very shortly. I want to acknowledge and express my
appreciation to the distinguished majority leader for his assurances
along that line. I look forward to working with him and our colleagues
on both sides of the aisle.
I thank the leader.
Mr. DOLE. I thank the Senator from Nevada.
I know that we have a number of colleagues on both sides of the aisle
who share the concerns just expressed and
[[Page S763]] that the junior Senator from Pennsylvania, Senator
Santorum, may wish to say a word at this time.
Mr. SANTORUM. I thank the majority leader for yielding.
Mr. President, I commend the Senator from Nevada for his efforts on
this subject. This was an area that I had expressed interest in in the
House. In fact, I introduced a bill that almost mirrors word for word
what the Senator from Nevada is doing.
This is an important issue of gaining credibility with the American
public that we are not going to treat ourselves any different than any
other Federal employee when it comes to employee benefits. It puts us
on a level no more and no less generous than other Federal employees. I
think that is where we should be.
There is no reason that we should have a more generous pension system
here than other Federal employees. That is what the amendment of the
Senator from Nevada would do. I will join him in cosponsoring his bill.
I appreciate the majority leader's intention to allow this to
percolate through the committee system and give it an opportunity for
hearings--this is a new subject that has not been discussed in
committee--give it an opportunity to be discussed in committee and
hopefully be moved through in a speedy fashion. But, if not, we have
the opportunity to come to the floor and then offer an amendment to a
bill here to move this issue to the floor, where I believe it belongs.
I thank the majority leader for yielding and for his agreement to do
this.
Mr. DOLE. Mr. President, I know, in addition to the Senator from
Pennsylvania on this side of the aisle, the Senator from Tennessee,
Senator Thompson, has a direct interest in this legislation.
I wish to commend Senator Bryan as the prime mover of this effort. I
think it should be addressed. It will be addressed, I can assure the
Senator from Nevada, the Senator from Pennsylvania, and other Senators.
We need to find out, we need to determine, we need to make a record to
make certain that congressional pensions are in line with other Federal
employees. If they are too generous or if they are out of line, then we
need to make changes.
It is my understanding that Senator Bryan, along with my
distinguished colleague from Pennsylvania, Senator Santorum, are going
to introduce legislation today and, if introduced, this legislation
will be referred to the Committee on Governmental Affairs. After
consulting some of my colleagues on the committee, including the
distinguished chairman from Delaware, Senator Roth, I have every reason
to believe that the committee or one of its subcommittees will hold
hearings on the pension reform issue at some point later this year.
Now, let me make it very clear--because I know the Senator from
Nevada is acting in good faith, and this Senator is acting in good
faith--not only will we have hearings, but we hope something will be
reported out of the committee. Because, if it is not reported out of
the committee, then I am not going to stand here and block an effort by
the Senator from Nevada later on if he stands up to offer an amendment
to something else. I give him that assurance right now.
It should come out of the committee with a big bipartisan vote. If it
is determined changes should be made, it ought to be made on a
bipartisan basis. It ought to be brought to the floor and we ought to
act on it.
I told the Senator from Nevada last night--he talked about the Easter
recess; it may not happen quite that quickly--that I think there should
be some pressure, I do not mean it in the negative sense, for the
committee to respond as quickly as possible. I know there are other
things that have to be done. But this, too, should be a priority in the
chain of events, because a lot of people are concerned about this; a
lot of people write to us about this. So let us address it. Let us face
up to it.
So I just assure the Senator from Nevada, as I did last evening, that
I am sympathetic to what he is attempting to do and I will be trying to
cooperate with him every step of the way.
Mr. BRYAN. Mr. President, I express my appreciation to the
distinguished majority leader.
I might just inquire, in terms of procedure, it originally was my
intention to make a statement about the bill. I know you have a
rollcall vote scheduled at this time. I am prepared to make about a 5-
or 10-minute statement, if that is agreeable to you.
Mr. DOLE. Yes.
Mr. BRYAN. Mr. President, I will introduce legislation that will put
congressional retirement benefits and that of our employees--I think it
is important for Members, as well as the public generally, to
understand that what we are talking about is not only Members of
Congress but our employees are in this same system--that will put our
benefits and those of our employees on a parity with other Federal
employees.
Under current law, as has been alluded to on the floor moments ago,
the pensions Members of Congress and our employees receive are
considerably more generous than those of other Federal employees. It is
my judgment this practice is not justifiable and, in fact, is
unacceptable.Under the present retirement system, Members of Congress
and other Federal employees who were part of the Federal work force
prior to 1984 are enrolled in the Civil Service Retirement System
[CSRS].
Under 1984 legislation, all Members of Congress, our employees, and
other Federal employees are enrolled in FERS or the Federal Employee
Retirement System. This chart illustrates the point that my colleague
from Pennsylvania was making just a moment ago. The accrual rate is
significant because the accrual rate multiplied by the number of years
of service and the final high-3 salary determines your pension. For
example, an individual under the old system, who has been a Member of
Congress or congressional employee, has an accrual rate of 2.5 percent.
So for a 10-year period of time, that Member would receive a pension of
25 percent of their final high-3 salary. Under FERS, the accrual rate
for Members is 1.7 percent, therefore, a Member who serves 10 years
would have pension of 17 percent of their final high-3 salary. You can
see that the old system is considerably more generous than the new
system.
The accrual rate for other Federal employees under the CSRS system is
1.5 percent for their first 5 years; 1.75 percent in second 5 years;
after 10 years of service, 2 percent.
You can see that throughout the entire system, Members of Congress
are treated more favorably for purposes of the retirement system. Now,
it is fair to point out that under the Civil Service Retirement System,
Members do contribute 8 percent, non-Members of Congress, nonemployees
of Congress, contribute only 7 percent. Even though there is a 1-
percent differential in contribution, the Member's pension is a
substantially enhanced benefit.
That same disproportionate formula carries through under the FERS
system where Members of Congress and our employees get a 1.7-percent
accrual rate, which means in 10 years we would receive a pension of 17
percent of our final high-3 salary. The accrual rate for other federal
employees is 1 percent, so they would only receive a pension of 10-
percent of their final high-3 salary.
Once again, the contribution rate for Members of Congress and our
employees is 1.3 percent, which is slightly higher than the .8 percent
that non-Members of Congress and our employees would be contributing.
The thrust of this legislation, Mr. President and my colleagues, is
simply to put everybody on a level playing field prospectively. Any
accrued benefit would not be taken away. Service under the old system
would be calculated under the old formula. Only future service would be
calculated under the new formula.
I think it is only fair that we not treat ourselves, as Members of
Congress, differently from other dedicated public servants who may
serve in the Park Service or the Department of Transportation, in which
their devotion to public service is no less than our own.
Let me give you the practical impact of that, and then I will yield
the floor here in a moment.
Members will recall I described the FERS system as one for those of
us who have been hired since 1984. For 10 years of service as a Member
of Congress, our pension would be 17 percent of the average of the last
3 years of our service prior to retirement. Those in
[[Page S764]] the executive branch of the civil service would get only
a 10-percent pension of their average of the last 3 years. In 20 years,
Members of Congress get a 34-percent pension; other Federal employees
under the FERS system get 20 percent. For 30 years, it is 44 percent,
and other members that are not Members of Congress or their employees
receive substantially less.
Under the old system, which existed prior to 1984, 10-year Members of
Congress get a 25-percent pension of the average of their last 3
highest years; other executive branch employees get 16.4 percent. For
20 years, Members of Congress get 50 percent and executive branch gets
36.5 percent. For 30 years, it is 75 percent, and other federal
employees receive 56.3 percent.
My point is that we seek equality of treatment. It is a principle
embraced, I think, in the Congressional Accountability Act. That is one
of the reasons why I had proposed to offer it as an amendment at that
time. Let me just say, based upon the assurances of the majority
leader, which I accept, I have agreed to forbear and not to offer this
amendment. I said by Easter, we would take a look and see if this
legislation is moving. If it is, I am willing to give some additional
time. This is not an issue that we will be able to dodge. I intend to
bring it to the floor. I know a number of our colleagues on both sides
of the aisle share a similar perspective.
Mr. President, let me just conclude by saying that I think it is
absolutely essential to show the American people that we are not
treating ourselves differently from other members of the Federal civil
service. Members of Congress should not receive a more generous
retirement. This is a matter of fairness.
I would have to say that in townhall meetings we have in Nevada, this
issue comes up many times. I have asked why this exists. That is why I
introduced legislation along these lines in the last session of
Congress.
How is it that Members of Congress are treated differently than other
civil service employees? I think the answer is, it is not defensible.
We cannot justify it, in my view. We have an obligation to change it
prospectively. I am persuaded by the show of bipartisan interest and
support. I think we can change it. We ought to change it.
I look forward to working with my colleagues on both sides of the
aisle to eliminate what I consider one of the major areas of inequality
that exists between the Congress and others who serve in Federal
service positions outside of Capitol Hill. We should do it as soon as
possible.
Mr. President, I yield the floor.
Mr. GRASSLEY. Mr. President, I ask unanimous consent to set aside
momentarily the Lautenberg amendment.
The PRESIDING OFFICER. Without objection, it is so ordered.
Amendment No. 16
(Purpose: To make technical amendments)
Mr. GRASSLEY. Mr. President, I send to the desk a managers' amendment
offered by Senator Glenn and myself and ask for its immediate
consideration.
The PRESIDING OFFICER. The clerk will report.
The bill clerk read as follows:
The Senator from Iowa [Mr. Grassley], for himself and Mr.
Glenn, proposes an amendment numbered 16.
Mr. GRASSLEY. Mr. President, I ask unanimous consent that reading of
the amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:
On page 2, in the item referring to section 220, strike
``code'' and insert ``Code''.
On page 11, line 14, insert a comma before
``irrespective''.
On page 27, line 14, strike ``would be appropriate'' and
insert ``may be appropriate to redress a violation of
subsection (a)''.
On page 30, line 6, strike ``section 403'' and insert
``subsections (b) through (d) of section 403''.
On page 30, lines 17 and 18, strike ``section 405'' and
insert ``subsections (b) through (h) of section 405''.
On page 31, between lines 3 and 4, insert the following:
(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.
On page 31, line 13, after ``(b)'' insert ``except''.
On page 31, between lines 17 and 18, insert the following:
(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.
On page 32, line 6, insert ``and the Office of the'' before
``Architect''.
On page 32, line 6, strike ``, and to the'' and insert ``or
other''.
On page 32, lines 7 through 9, strike ``, as determined
under regulations issued by the Board under section 304 of
this Act,''.
On page 35, line 13, strike ``and'' and insert a comma.
On page 35, line 14, insert before the semicolon the
following: ``, 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''.
On page 36, line 3, strike ``(a) and (f)'' and insert
``(a), (d), (e), and (f)''.
On page 36, lines 4 and 5, strike ``(a) and (f)'' and
insert ``(a), (d), (e), and (f)''.
On page 36, lines 15 through 17, strike ``, as determined
appropriate by the General Counsel pursuant to regulations
issued by the Board pursuant to section 304''.
On page 37, line 4, strike ``section 405'' and insert
``subsections (b) through (h) of section 405''.
On page 37, line 12, strike ``section 6(b)(6)'' and insert
``sections 6(b)(6) and 6(d)''.
On page 37, line 14, strike ``655(b)(6)'' and insert
``655(b)(6) and 655(d)''.
On page 37, line 16, strike ``section 405'' and insert
``subsections (b) through (h) of section 405''.
Beginning with page 37, line 24, strike all through page
38, line 4, and insert the following:
(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.
On page 38, between lines 18 and 19, insert the following:
(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.
On page 38, line 23, after ``General Counsel'' insert ``,
exercising the same authorities of the Secretary of Labor as
under subsection (c)(1),''.
On page 39, line 3, strike ``and''.
On page 39, line 4, after ``Assessment'' insert ``, the
Library of Congress, and the General Accounting Office''.
On page 39, lines 12 through 14, strike ``, as determined
under regulations issued by the Board under section 304 of
this Act,''.
On page 41, lines 17 and 18, strike ``Subject to subsection
(d), the'' and insert ``The''.
On page 42, line 25, strike ``section 405'' and insert
``subsections (b) through (h) of section 405''.
On page 44, line 1, strike ``section 405'' and insert
``subsections (b) through (h) of section 405''.
On page 44, line 8, strike ``graphs (1) and'' and insert
``graph (1) or''.
On page 44, line 8, before ``may'' insert a comma.
On page 45, line 1, strike ``(c)'' and insert ``(d)''.
On page 45, line 6, strike ``(d)'' and insert ``(e)''.
On page 45, line 20, strike ``(d)'' and insert ``(e)''.
On page 49, line 9, strike ``(e)'' and insert ``(f)''.
On page 49, line 14, strike ``(d)(2)'' and insert
``(e)(2)''.
On page 49, line 18, strike ``(d)'' and insert ``(e)''.
On page 50, line 3, strike ``witness''.
On page 54, strike line 11, and insert ``than December 31,
1996--''.
On page 56, line 25, insert ``Senate'' before ``Fair''.
On page 57, line 1, strike ``of the Senate''.
On page 67, line 16, strike ``issuing'' and insert
``adopting''.
On page 68, line 15, after the semicolon, insert ``and''.
On page 73, line 3, before the period insert ``under
paragraph (1)''.
On page 75, line 4, before the period insert ``, except
that a voucher shall not be required for the disbursement of
salaries of employees who are paid at an annual rate''.
On page 75, line 4, after the period insert the following:
``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.''.
On page 75, between lines 4 and 5, insert the following:
[[Page S765]] (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.
On page 75, line 5, strike ``(b)'' and insert ``(c)''.
On page 77, line 9, after ``after'' insert ``receipt by the
employee of notice of''.
On page 80, line 24, strike ``(b)'' and insert ``(a)''.
On page 88, line 18, before ``this section'' insert
``section 404 and''.
On page 89, line 21, strike ``may'' and insert ``shall''.
On page 90, line 11, strike ``(d)'' and insert ``(e)''.
On page 90, line 14, after ``be,'' strike ``may'' and
insert ``shall''.
On page 90, line 25, strike ``paragraph (1)'' and insert
``subsection (a)''.
On page 91, line 5, strike ``407'' and insert ``405(f)(3),
407,''.
On page 93, strike lines 3 through 8, and insert the
following:
(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.
On page 94, line 12, strike ``102(b)(2)'' and insert
``102(b)(3)''.
On page 105, lines 7 and 9, insert ``of 1990'' after
``Act''.
Mr. GLENN. Mr. President, I have worked together with Senator
Grassley on this. It is a technical amendment and makes all sections
conform to other sections and conform grammatically. We are glad to
accept it on this side of the aisle.
The PRESIDING OFFICER. Is there further debate on the amendment?
The question is on agreeing to the amendment.
The amendment (No. 16) was agreed to.
Mr. GLENN. Mr. President, I move to reconsider the vote.
Mr. GRASSLEY. I move to lay that motion on the table.
The motion to table was agreed to.
Amendment No. 15
Mr. GLENN. Mr. President, what is the pending business?
The PRESIDING OFFICER. Amendment No. 15, offered by the Senator from
New Jersey.
Mr. GLENN. I thank the Chair.
Mr. President, I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mr. GRASSLEY. Mr. President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. GRASSLEY. Mr. President, on behalf of the majority leader, I move
to table the Lautenberg amendment, and I ask for the yeas and nays.
The PRESIDING OFFICER. Is there a sufficient second?
There is a sufficient second.
The yeas and nays were ordered.
The PRESIDING OFFICER. The question is on agreeing to the motion to
lay on the table amendment No. 15 of the Senator from New Jersey. The
yeas and nays have been ordered. The clerk will call the roll.
The assistant legislative clerk called the roll.
Mr. FORD. I announce that the Senator from West Virginia [Mr.
Rockefeller], is necessarily absent.
The PRESIDING OFFICER. Are there any other Senators in the Chamber
desiring to vote?
The result was announced--yeas 61, nays 38, as follows:
[Rollcall Vote No. 13 Leg.]
YEAS--61
Abraham
Ashcroft
Bennett
Bond
Breaux
Brown
Burns
Byrd
Chafee
Coats
Cochran
Cohen
Coverdell
Craig
D'Amato
DeWine
Dodd
Dole
Domenici
Faircloth
Frist
Gorton
Gramm
Grams
Grassley
Gregg
Hatch
Hatfield
Helms
Hollings
Hutchison
Inhofe
Inouye
Jeffords
Johnston
Kassebaum
Kempthorne
Kyl
Lieberman
Lott
Lugar
Mack
McCain
McConnell
Murkowski
Nickles
Packwood
Pell
Pressler
Roth
Santorum
Shelby
Simpson
Smith
Snowe
Specter
Stevens
Thomas
Thompson
Thurmond
Warner
NAYS--38
Akaka
Baucus
Biden
Bingaman
Boxer
Bradley
Bryan
Bumpers
Campbell
Conrad
Daschle
Dorgan
Exon
Feingold
Feinstein
Ford
Glenn
Graham
Harkin
Heflin
Kennedy
Kerrey
Kerry
Kohl
Lautenberg
Leahy
Levin
Mikulski
Moseley-Braun
Moynihan
Murray
Nunn
Pryor
Reid
Robb
Sarbanes
Simon
Wellstone
NOT VOTING--1
Rockefeller
So the motion to lay on the table the amendment (No. 15) was agreed
to.
Mr. GLENN. Mr. President, I move to reconsider the vote.
Mr. LAUTENBERG. Mr. President, I move to lay that motion on the
table.
The motion to lay on the table was agreed to.
Mr. DOLE. Mr. President, may we have order.
The PRESIDING OFFICER. The majority leader is recognized. The Senate
will be in order.
Mr. DOLE. If I can have my colleagues' attention so I can make an
announcement?
I move to reconsider the vote.
Mr. GLENN. I move to lay that motion on the table.
The motion to lay on the table was agreed to.
(At the request of Mr. Daschle, the following statement was ordered
to be printed at this point in the Record:)
Mr. ROCKEFELLER. Mr. President, the health, safety, and labor
laws that now protect workers in the private sector should cover the
Federal Government. Applying these laws to the Congress is a long
overdue reform which has my total support.
I am disappointed that I am not able to be in Washington this week to
participate in this important legislation. However, I am conducting
very critical business for the people of West Virginia that I felt
could not be put aside.
Early last year, I initiated plans to lead a large trade and
investment mission to Japan and Taiwan beginning January 7. The mission
was scheduled for this time to make sure it would take place when the
Congress was not in session. Unfortunately, the congressional schedule
was changed at the last minute by the new leadership, long after plans
for this important mission had been finalized and could not be changed.
The mission, known as Project Harvest, includes 27 business leaders
from important and different West Virginia industries. Working with the
U.S. Department of Commerce and the State of West Virginia, the
Discover the Real West Virginia Foundation is coordinating our search
for export opportunities and high-paying, secure jobs for our State. It
is, I believe, a historic journey that will reap benefits to the people
of West Virginia for many years to come.
I am proud to be able to lead this historic Project Harvest mission
on behalf of the people of West Virginia, but regret that it takes me
from Washington during this time when we are considering the
Congressional Accountability Act.
In the current rush to reform, we should not overlook that this bill
is almost identical to legislation drafted by Senators Glenn,
Lieberman, and Grassley in the last Congress. That legislation, known
as the manager's amendment to H.R. 4822, was blocked from consideration
in the Senate by stealth objectors.
What is now taking place is enactment of legislation previously
blocked by those who have finally ``seen the light'' in the need for
this reform. In the coming months, I am sure we will see other
conversions from the obstructionism that we saw so frequently in the
last Congress to an eagerness to take action. It's unfortunate that
Americans had to wait.
Mr. President, I am proud that the people of West Virginia have seen
fit to send me to represent them in the U.S. Senate. There are many
dedicated and good people who are elected and appointed to serve here.
As we press forward to review and reform, we must be mindful to those
who have preceded us, and the legacy we will leave to those who follow.
[[Page S766]] We should never forget the counsel of the Framers of
the Constitution who provided for independence between the branches of
Government. We have the solemn responsibility to preserve and defend
that independence.
None among us takes that charge more seriously that the senior
Senator from Kentucky [Mr. Ford] who has raised reasonable concerns
about the provisions of this bill which will permit investigations and
review of the Congress by other branches of the Government. We should
all be wary of what could become improper meddling in the
constitutional system.
I share those concerns, and believe we can fully preserve a proper
balance of powers between the legislative, the judicial, and the
executive branches of Government, and at the same time, better protect
our staff. I am satisfied that this legislation strikes the necessary
balance. I commend the sponsors of this bill, and am thankful to
Senator Ford for his leadership in reminding us of our institutional
responsibilities.
Mr. President, another of our responsibilities in the Senate is to
carefully review and improve what may be popular legislation which
often receives less careful scrutiny in the other body. I am
astonished, for example, that so many of my colleagues rejected the
efforts in the past few days to strengthen and improve the
Congressional Accountability Act. Why should we not seek to finally
gain enactment of long-delayed gift-ban legislation, approved last
year, and then blocked from final passage in the final days of that
session? What better time to limit undue influence than this
legislation to improve the workings of the Congress?
I certainly support this and other amendments aimed at improving the
operations of the Congress. Unfortunately, all of these improving
amendments were rejected in the past week. I note that none of these
votes has been close, and that my vote would not have changed the
outcome of any proposed amendment.
Mr. President, solving the problems of my people in West Virginia has
my total attention. That is why I have worked so very hard over the
past three decades to find and bring well-paying, secure jobs to our
State, and why I now am away from the Senate. In a changing world and
global economy, our State will need to look far beyond its borders to
find the resources we will need to create long-term employment and
prosperity.
I take seriously my duty to participate in the proceedings of the
Senate, and to exercise the opportunity afforded me to cast my vote for
West Virginia on the Senate floor. I am hopeful that the people of my
State will realize how very seriously I take my responsibilities to
make our State a better and more prosperous place to live. Sponsoring
and leading a delegation of West Virginia business people to Japan and
Taiwan is part of that effort, and I wanted to insert this explanation
of my absence in the Senate and why I felt it could not be
avoided.
Mr. MURKOWSKI. Mr. President, I rise to express my strong support for
the Congressional Accountability Act (S. 2), and to urge all of my
colleagues to vote for this legislation. This legislation is way
overdue.
When the American electorate voted in a Republican congressional
majority, the public's sentiment could not have been clearer. Their
message to Capitol Hill was straightforward: End business as usual and
become more accountable to the will of the people.
The legislation that we are about to vote on is the Senate's first
response back to the American public. In this bill we say to the
American public that we must live under the same rules and laws that we
impose on the rest of the country. For too long, the House and the
Senate have acted with an arrogance about our institutions. We have, in
effect, said that we are above the law. Today, that arrogance ends.
Under this legislation, Congress is required to comply with the same
health, safety, civil rights, and labor laws that all American
businesses must comply with. And that means compliance with the 57-
year-old Fair Labor Standards Act, the Civil Rights Act of 1964; the
Age Discrimination in Employment Act of 1967; the Occupational Safety
and Health Act of 1970; the Rehabilitation Act of 1973, and a host of
other laws that Congress has deemed appropriate to impose on American
business.
It is astounding to this Senator that we have waited so long to pass
this legislation. There is not a constituent in my State of Alaska who
can comprehend how we as legislators can exempt ourselves from the
health, safety, and labor laws that they must contend with. Nor can I.
But with the passage of this bill, our message to the American people
is that Republicans have heard your voice and we are going to change
how the people's business is conducted in Washington DC. This is but
the beginning, an important first step, but only a step.
Tomorrow we will begin debate on another piece of legislation that
parallels the concepts embodied in S. 2. The legislation we will begin
considering tomorrow (S. 1) will bring to an end the practice of
Washington sending mandates to the States and local governments--
ordering them to comply with a plethora of new laws and regulations--
and not giving the States and local governments a single dime to comply
with these directives from Capitol Hill.
The thread that unfunded mandates and congressional law exemptions
share is insular arrogance. It reflects a political philosophy which
implies that we in Washington know what is best for the country, but we
are unwilling to live by the laws we expect everyone else to live by,
and we are unwilling to share in the costs of complying with the laws
we impose on the rest of the country.
But with the election of the first Republican congressional majority
in more than 40 years, Congress' insular arrogance is ending. We will
live by the same laws as the rest of the country and we will begin a
debate about ending more than three decades of deficit spending by
changing our Constitution to put an end to Federal deficit spending.
Mr. President, the American public is closely watching this Congress.
I believe today's vote unmistakably shows that when they put their
faith and trust in the new Republican majority, their hopes for change
would not be disappointed. I hope that my colleagues on the other side
of the aisle will see the wisdom of adopting this legislation on a
bipartisan basis. There is no excuse for Congress to remain above the
law.
Mr. DOLE. Mr. President, in federalist No. 57, James Madison made the
following observation. He said:
[The House of Representatives is] restrain[ed] from
oppressive measures [because] they can make no law which will
not have its full operation on themselves and their friends,
as well as on the great mass of the society. This has always
been deemed one of the strongest bonds by which human policy
can connect the rulers and the people together. It creates
between them that communion of interests and sympathy of
sentiments of which few Governments have furnished examples *
* * if this spirit shall ever be so far debased as to
tolerate a law not obligatory on the legislature as well as
on the people, the people will be prepared to tolerate
anything but liberty.
Unfortunately, Mr. President, the Congress has not always adhered to
James Madison's timeless vision of representative Government. For far
too long, Congress has severed its connection with the people, imposing
new rules and regulations on the private sector, while seeking to
exempt itself from those same rules.
Not surprisingly, many of our citizens have begun to view the Senate
and the House of Representatives as
the Imperial Congress, as an institution that considers itself above
the law and without accountability.This past election day, the
American people finally decided it was time to shake up the Washington
status quo. Not only do the American people want less Government, less
regulation, and lower taxes, they also want Congress to clean up its
own act by living under the very laws we seek to impose on everyone
else.
Last week, by a unanimous vote of 429 to 0, the House passed its own
version of congressional-coverage legislation, taking the first big
step toward restoring the credibility of Congress with the American
people. And, if all goes according to plan, we could have a
congressional-coverage bill on the President's desk as early as next
week--the first bill passed by the 104th Congress, and the first bill
of the new
[[Page S767]] Congress signed into law by President Clinton.
As a result of S. 2, Congress will have to abide by the minimum wage
and civil rights laws. Congressional offices will be subject to OSHA-
style inspections. Congressional employees will have the right to
unionize. And they will be entitled to family and medical leave, just
like workers in the private sector.
To ensure that Congress abides by these laws, S. 2 establishes an
independent Office of Compliance with a five-member Board of Directors.
The Directors on the Board will be jointly appointed by the Senate
majority leader, the Senate minority leader, the Speaker of the House
of Representatives, and the House minority leader. The Office will also
have a general counsel, an executive director, and two deputy executive
directors, one for the Senate and one for the House. Each of the deputy
executive directors will be responsible for promulgating the
implementing regulations for his or her respective House.
In addition, S. 2 contains an important provision that hasn't
received much attention during this debate. This provision requires
that any future legislation affecting private employment must be
accompanied by a report describing the manner in which the legislation
will apply to Congress. If any provision of the proposed law does not
apply to Congress, the report must
include a statement explaining why this is so. This reporting
requirement will help ensure that Congress resists the temptation of
exempting itself from future regulations and rules.
Hopefully, Mr. President, S. 2 will herald a new era of regulatory
caution, where Congress thinks twice before imposing a new Government-
crafted requirement on the private sector. It's one thing for Congress
to create a new regulatory burden; it's something quite different when
Congress has to bear the burden too.
In fact, S. 2 may have its biggest impact on the private sector, as
Congress becomes increasingly reluctant to impose more rules, more
regulations, more redtape.
Finally, Mr. President, I want to congratulate my distinguished
colleague, Senator Chuck Grassley, for spearheading the congressional-
coverage effort here in the Senate. Without his hard work and
commitment, S. 2 would not be the priority that it is today. I also
want to take a moment to recognize my colleagues, Senators Nickles,
Lieberman, and Thompson, for their important contributions as well.
Order Of Procedure
Mr. DOLE. Mr. President, we are now going to final passage. That will
be the last vote today.
Then tomorrow, we will start on unfunded mandates, debate only, at 10
o'clock. We worked out a problem with the distinguished Senator from
South Dakota, the Democratic leader, I guess based on--because the
report was not filed.
We are trying to get an agreement, I might say to my colleagues, many
of whom want to leave here early Friday or even tomorrow evening. If we
can get an agreement to lock up all these amendments, I am certainly
willing to accommodate my colleagues in these early days, as we did
today, in fact. So help us put that together, because our staff on each
side is working on it. Do not list every amendment you have ever
thought of, because we would like to finish it by a date certain next
week, Tuesday or Wednesday.
So there will be no further votes tonight after this vote.
Have the yeas and nays been ordered?
The PRESIDING OFFICER. The yeas and nays have not been ordered.
Mr. DOLE. Mr. President, I ask for the yeas and nays.
The PRESIDING OFFICER. Is there a sufficient second?
There is a sufficient second.
The yeas and nays were ordered.
Mr. DOLE. Mr. President, I also want to commend my colleague, Senator
Grassley, for his outstanding work and expeditious work on this bill,
and also my colleague, Senator Glenn, for his efforts, and Senator
Lieberman. I know it has taken a long time, there have been a lot of
amendments, and I thank my colleagues.
The PRESIDING OFFICER. The bill is before the Senate and open to
amendment. If there be no amendment to be proposed, the question is on
the engrossment and third reading of the bill.
The bill (S. 2) was ordered to be engrossed for a third reading and
was read the third time.
The PRESIDING OFFICER. The question is on passage of the bill, as
amended.
The yeas and nays have been ordered.
The clerk will call the roll.
The legislative clerk called the roll.
Mr. FORD. I announce that the Senator from West Virginia [Mr.
Rockefeller] is necessarily absent.
The PRESIDING OFFICER (Mr. Gorton). Are there any other Senators in
the Chamber who desire to vote?
The result was announced--yeas 98, nays 1, as follows:
[Rollcall Vote No. 14 Leg.]
YEAS--98
Abraham
Akaka
Ashcroft
Baucus
Bennett
Biden
Bingaman
Bond
Boxer
Bradley
Breaux
Brown
Bryan
Bumpers
Burns
Campbell
Chafee
Coats
Cochran
Cohen
Conrad
Coverdell
Craig
D'Amato
Daschle
DeWine
Dodd
Dole
Domenici
Dorgan
Exon
Faircloth
Feingold
Feinstein
Ford
Frist
Glenn
Gorton
Graham
Gramm
Grams
Grassley
Gregg
Harkin
Hatch
Hatfield
Heflin
Helms
Hollings
Hutchison
Inhofe
Inouye
Jeffords
Johnston
Kassebaum
Kempthorne
Kennedy
Kerrey
Kerry
Kohl
Kyl
Lautenberg
Leahy
Levin
Lieberman
Lott
Lugar
Mack
McCain
McConnell
Mikulski
Moseley-Braun
Moynihan
Murkowski
Murray
Nickles
Nunn
Packwood
Pell
Pressler
Pryor
Reid
Robb
Roth
Santorum
Sarbanes
Shelby
Simon
Simpson
Smith
Snowe
Specter
Stevens
Thomas
Thompson
Thurmond
Warner
Wellstone
NAYS--1
Byrd
NOT VOTING--1
Rockefeller
So, the bill (S. 2), as amended, was passed, as follows:
S. 2
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the
``Congressional Accountability Act of 1995''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title and table of contents.
TITLE I--GENERAL
Sec. 101. Definitions.
Sec. 102. Application of laws.
TITLE II--EXTENSION OF RIGHTS AND PROTECTIONS
Part A--Employment Discrimination, Family and Medical Leave, Fair Labor
Standards, Employee Polygraph Protection, Worker Adjustment and
Retraining, Employment and Reemployment of Veterans, and Intimidation
Sec. 201. Rights and protections under title VII of the Civil Rights
Act of 1964, the Age Discrimination in Employment Act of
1967, the Rehabilitation Act of 1973, and title I of the
Americans with Disabilities Act of 1990.
Sec. 202. Rights and protections under the Family and Medical Leave Act
of 1993.
Sec. 203. Rights and protections under the Fair Labor Standards Act of
1938.
Sec. 204. Rights and protections under the Employee Polygraph
Protection Act of 1988.
Sec. 205. Rights and protections under the Worker Adjustment and
Retraining Notification Act.
Sec. 206. Rights and protections relating to veterans' employment and
reemployment.
Sec. 207. Prohibition of intimidation or reprisal.
Part B--Public Services and Accommodations Under the Americans With
Disabilities Act of 1990
Sec. 210. Rights and protections under the Americans with Disabilities
Act of 1990 relating to public services and
accommodations; procedures for remedy of violations.
Part C--Occupational Safety and Health Act of 1970
Sec. 215. Rights and protections under the Occupational Safety and
Health Act of 1970; procedures for remedy of violations.
[[Page S768]] Part D--Labor-Management Relations
Sec. 220. Application of chapter 71 of title 5, United States Code,
relating to Federal service labor-management relations;
procedures for remedy of violations.
Part E--General
Sec. 225. Generally applicable remedies and limitations.
Part F--Study
Sec. 230. Study and recommendations regarding General Accounting
Office, Government Printing Office, and Library of
Congress.
TITLE III--OFFICE OF COMPLIANCE
Sec. 301. Establishment of Office of Compliance.
Sec. 302. Officers, staff, and other personnel.
Sec. 303. Procedural rules.
Sec. 304. Substantive regulations.
Sec. 305. Expenses.
TITLE IV--ADMINISTRATIVE AND JUDICIAL DISPUTE-RESOLUTION PROCEDURES
Sec. 401. Procedure for consideration of alleged violations.
Sec. 402. Counseling.
Sec. 403. Mediation.
Sec. 404. Election of proceeding.
Sec. 405. Complaint and hearing.
Sec. 406. Appeal to the Board.
Sec. 407. Judicial review of Board decisions and enforcement.
Sec. 408. Civil action.
Sec. 409. Judicial review of regulations.
Sec. 410. Other judicial review prohibited.
Sec. 411. Effect of failure to issue regulations.
Sec. 412. Expedited review of certain appeals.
Sec. 413. Privileges and immunities.
Sec. 414. Settlement of complaints.
Sec. 415. Payments.
Sec. 416. Confidentiality.
TITLE V--MISCELLANEOUS PROVISIONS
Sec. 501. Exercise of rulemaking powers.
Sec. 502. Political affiliation and place of residence.
Sec. 503. Nondiscrimination rules of the House and Senate.
Sec. 504. Technical and conforming amendments.
Sec. 505. Judicial branch coverage study.
Sec. 506. Savings provisions.
Sec. 507. Use of frequent flyer miles.
Sec. 508. Sense of Senate regarding adoption of simplified and
streamlined acquisition procedures for Senate
acquisitions.
Sec. 509. Severability.
TITLE I--GENERAL
SEC. 101. DEFINITIONS.
Except as otherwise specifically provided in this Act, as
used in this Act:
(1) Board.--The term ``Board'' means the Board of Directors
of the Office of Compliance.
(2) Chair.--The term ``Chair'' means the Chair of the Board
of Directors of the Office of Compliance.
(3) Covered employee.--The term ``covered employee'' means
any employee of--
(A) the House of Representatives;
(B) the Senate;
(C) the Capitol Guide Service;
(D) the Capitol Police;
(E) the Congressional Budget Office;
(F) the Office of the Architect of the Capitol;
(G) the Office of the Attending Physician;
(H) the Office of Compliance; or
(I) the Office of Technology Assessment.
(4) Employee.--The term ``employee'' includes an applicant
for employment and a former employee.
(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.
SEC. 102. APPLICATION OF LAWS.
(a) Laws Made Applicable.--The following laws shall apply,
as prescribed by this Act, to the legislative branch of the
Federal Government:
(1) The Fair Labor Standards Act of 1938 (29 U.S.C. 201 et
seq.).
(2) Title VII of the Civil Rights Act of 1964 (42 U.S.C.
2000e et seq.).
(3) The Americans with Disabilities Act of 1990 (42 U.S.C.
12101 et seq.).
(4) The Age Discrimination in Employment Act of 1967 (29
U.S.C. 621 et seq.).
(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.
TITLE II--EXTENSION OF RIGHTS AND PROTECTIONS
PART A--EMPLOYMENT DISCRIMINATION, FAMILY AND MEDICAL LEAVE, FAIR LABOR
STANDARDS, EMPLOYEE POLYGRAPH PROTECTION, WORKER ADJUSTMENT AND
RETRAINING, EMPLOYMENT AND REEMPLOYMENT OF VETERANS, AND INTIMIDATION
SEC. 201. RIGHTS AND PROTECTIONS UNDER TITLE VII OF THE CIVIL
RIGHTS ACT OF 1964, THE AGE DISCRIMINATION IN
EMPLOYMENT ACT OF 1967, THE REHABILITATION ACT
OF 1973, AND TITLE I OF THE AMERICANS WITH
DISABILITIES ACT OF 1990.
(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
[[Page S769]] 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.
SEC. 202. RIGHTS AND PROTECTIONS UNDER THE FAMILY AND MEDICAL
LEAVE ACT OF 1993.
(a) Family and Medical Leave Rights and Protections
Provided.--
(1) In general.--The rights and protections established by
sections 101 through 105 of the Family and Medical Leave Act
of 1993 (29 U.S.C. 2611 through 2615) shall apply to covered
employees.
(2) Definition.--For purposes of the application described
in paragraph (1)--
(A) the term ``employer'' as used in the Family and Medical
Leave Act of 1993 means any employing office, and
(B) the term ``eligible employee'' as used in the Family
and Medical Leave Act of 1993 means a covered employee who
has been employed in any employing office for 12 months and
for at least 1,250 hours of employment during the previous 12
months.
(b) Remedy.--The remedy for a violation of subsection (a)
shall be such remedy, including liquidated damages, as would
be appropriate if awarded under paragraph (1) of section
107(a) of the Family and Medical Leave Act of 1993 (29 U.S.C.
2617(a)(1)).
(c) Application to General Accounting Office and Library of
Congress.--
(1) Amendments to the family and medical leave act of
1993.--
(A) Coverage.--Section 101(4)(A) of the Family and Medical
Leave Act of 1993 (29 U.S.C. 2611(4)(A)) is amended by
striking ``and'' at the end of clause (ii), by striking the
period at the end of clause (iii) and inserting ``; and'',
and by adding after clause (iii) the following:
``(iv) includes the General Accounting Office and the
Library of Congress.''.
(B) Enforcement.--Section 107 of the Family and Medical
Leave Act of 1993 (29 U.S.C. 2617) is amended by adding at
the end the following:
``(f) General Accounting Office and Library of Congress.--
In the case of the General Accounting Office and the Library
of Congress, the authority of the Secretary of Labor under
this title shall be exercised respectively by the Comptroller
General of the United States and the Librarian of
Congress.''.
(2) Conforming amendment to title 5, united states code.--
Section 6381(1)(A) of title 5, United States Code, is amended
by striking ``and'' after ``District of Columbia'' and
inserting before the semicolon the following: ``, and any
employee of the General Accounting Office or the Library of
Congress''.
(d) Regulations.--
(1) In general.--The Board shall, pursuant to section 304,
issue regulations to implement the rights and protections
under this section.
(2) Agency regulations.--The regulations issued under
paragraph (1) shall be the same as substantive regulations
promulgated by the Secretary of Labor to implement the
statutory provisions referred to in subsection (a) except
insofar as the Board may determine, for good cause shown and
stated together with the regulation, that a modification of
such 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.
SEC. 203. RIGHTS AND PROTECTIONS UNDER THE FAIR LABOR
STANDARDS ACT OF 1938.
(a) Fair Labor Standards.--
(1) In general.--The rights and protections established by
subsections (a)(1) and (d) of section 6, section 7, and
section 12(c) of the Fair Labor Standards Act of 1938 (29
U.S.C. 206 (a)(1) and (d), 207, 212(c)) shall apply to
covered employees.
(2) Interns.--For the purposes of this section, the term
``covered employee'' does not include an intern as defined in
regulations under subsection (c).
(3) Compensatory time.--Except as provided in regulations
under subsection (c)(3), covered employees may not receive
compensatory time in lieu of overtime compensation.
(b) Remedy.--The remedy for a violation of subsection (a)
shall be such remedy, including liquidated damages, as would
be appropriate if awarded under section 16(b) of the Fair
Labor Standards Act of 1938 (29 U.S.C. 216(b)).
(c) Regulations To Implement Section.--
(1) In general.--The Board shall, pursuant to section 304,
issue regulations to implement this section.
(2) Agency regulations.--Except as provided in paragraph
(3), the regulations issued under paragraph (1) shall be the
same as substantive regulations promulgated by the Secretary
of Labor to implement the statutory provisions referred to in
subsection (a) except insofar as the Board may determine, for
good cause shown and stated together with the regulation,
that a modification of such regulations would be more
effective for the implementation of the rights and
protections under this section.
(3) Irregular work schedules.--The Board shall issue
regulations for covered employees whose work schedules
directly depend on the schedule of the House of
Representatives or the Senate that shall be comparable to the
provisions in the Fair Labor Standards Act of 1938 that apply
to employees who have irregular work schedules.
(d) Application to the Government Printing Office.--Section
3(e)(2)(A) of the Fair Labor Standards Act of 1938 (29 U.S.C.
203(e)(2)(A)) is amended--
(1) in clause (iii), by striking ``legislative or'',
(2) by striking ``or'' at the end of clause (iv), and
(3) by striking the semicolon at the end of clause (v) and
inserting ``, or'' and by adding after clause (v) the
following:
``(vi) the Government Printing Office;''.
(e) Effective Date.--Subsections (a) and (b) shall be
effective 1 year after the date of the enactment of this Act.
SEC. 204. RIGHTS AND PROTECTIONS UNDER THE EMPLOYEE POLYGRAPH
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.
[[Page S770]] (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.
SEC. 205. RIGHTS AND PROTECTIONS UNDER THE WORKER ADJUSTMENT
AND RETRAINING NOTIFICATION ACT.
(a) Worker Adjustment and Retraining Notification Rights.--
(1) In general.--No employing office shall be closed or a
mass layoff ordered within the meaning of section 3 of the
Worker Adjustment and Retraining Notification Act (29 U.S.C.
2102) until the end of a 60-day period after the employing
office serves written notice of such prospective closing or
layoff to representatives of covered employees or, if there
are no representatives, to covered employees.
(2) Definitions.--For purposes of this section, the term
``covered employee'' shall include employees of the General
Accounting Office and the Library of Congress and the term
``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.
SEC. 206. RIGHTS AND PROTECTIONS RELATING TO VETERANS'
EMPLOYMENT AND REEMPLOYMENT.
(a) Employment and Reemployment Rights of Members of the
Uniformed Services.--
(1) In general.--It shall be unlawful for an employing
office to--
(A) discriminate, within the meaning of subsections (a) and
(b) of section 4311 of title 38, United States Code, against
an eligible employee;
(B) deny to an eligible employee reemployment rights within
the meaning of sections 4312 and 4313 of title 38, United
States Code; or
(C) deny to an eligible employee benefits within the
meaning of sections 4316, 4317, and 4318 of title 38, United
States Code.
(2) Definitions.--For purposes of this section--
(A) the term ``eligible employee'' means a covered employee
performing service in the uniformed services, within the
meaning of section 4303(13) of title 38, United States Code,
whose service has not been terminated upon occurrence of any
of the events enumerated in section 4304 of title 38, United
States Code,
(B) the term ``covered employee'' includes employees of the
General Accounting Office and the Library of Congress, and
(C) the term ``employing office'' includes the General
Accounting Office and the Library of Congress.
(b) Remedy.--The remedy for a violation of subsection (a)
shall be such remedy as would be appropriate if awarded under
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.
SEC. 207. PROHIBITION OF INTIMIDATION OR REPRISAL.
(a) In General.--It shall be unlawful for an employing
office to intimidate, take reprisal against, or otherwise
discriminate against, any covered employee because the
covered employee has opposed any practice made unlawful by
this Act, or because the covered employee has initiated
proceedings, made a charge, or testified, assisted, or
participated in any manner in a hearing or other proceeding
under this Act.
(b) Remedy.--The remedy available for a violation of
subsection (a) shall be such legal or equitable remedy as may
be appropriate to redress a violation of subsection (a).
PART B--PUBLIC SERVICES AND ACCOMMODATIONS UNDER THE AMERICANS WITH
DISABILITIES ACT OF 1990
SEC. 210. RIGHTS AND PROTECTIONS UNDER THE AMERICANS WITH
DISABILITIES ACT OF 1990 RELATING TO PUBLIC
SERVICES AND ACCOMMODATIONS; PROCEDURES FOR
REMEDY OF VIOLATIONS.
(a) Entities Subject to This Section.--The requirements of
this section shall apply to--
(1) each office of the Senate, including each office of a
Senator and each committee;
(2) each office of the House of Representatives, including
each office of a Member of the House of Representatives and
each committee;
(3) each joint committee of the Congress;
(4) the Capitol Guide Service;
(5) the Capitol Police;
(6) the Congressional Budget Office;
(7) the Office of the Architect of the Capitol (including
the Senate Restaurants and the Botanic Garden);
(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
[[Page S771]] 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 104th 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
SEC. 215. RIGHTS AND PROTECTIONS UNDER THE OCCUPATIONAL
SAFETY AND HEALTH ACT OF 1970; PROCEDURES FOR
REMEDY OF VIOLATIONS.
(a) Occupational Safety and Health Protections.--
(1) In general.--Each employing office and each covered
employee shall comply with the provisions of section 5 of the
Occupational Safety and Health Act of 1970 (29 U.S.C. 654).
(2) Definitions.--For purposes of the application under
this section of the Occupational Safety and Health Act of
1970--
(A) the term ``employer'' as used in such Act means an
employing office;
(B) the term ``employee'' as used in such Act means a
covered employee;
(C) the term ``employing office'' includes the General
Accounting Office, the Library of Congress, and any entity
listed in subsection (a) of section 210 that is responsible
for correcting a violation of this section, irrespective of
whether the entity has an employment relationship with any
covered employee in any employing office in which such a
violation occurs; and
(D) the term ``employee'' includes employees of the General
Accounting Office and the Library of Congress.
(b) Remedy.--The remedy for a violation of subsection (a)
shall be an order to correct the violation, including such
order as would 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
[[Page S772]] 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 104th 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
SEC. 220. APPLICATION OF CHAPTER 71 OF TITLE 5, UNITED STATES
CODE, RELATING TO FEDERAL SERVICE LABOR-
MANAGEMENT RELATIONS; PROCEDURES FOR REMEDY OF
VIOLATIONS.
(a) Labor-Management Rights.--
(1) In general.--The rights, protections, and
responsibilities established under sections 7102, 7106, 7111
through 7117, 7119 through 7122, and 7131 of title 5, United
States Code, shall apply to employing offices and to covered
employees and representatives of those employees.
(2) Definition.--For purposes of the application under this
section of the sections referred to in paragraph (1), the
term ``agency'' shall be deemed to include an employing
office.
(b) Remedy.--The remedy for a violation of subsection (a)
shall be such remedy, including a remedy under section
7118(a)(7) of title 5, United States Code, as would be
appropriate if awarded by the Federal Labor Relations
Authority to remedy a violation of any provision made
applicable by subsection (a).
(c) Authorities and Procedures for Implementation and
Enforcement.--
(1) General authorities of the board; petitions.--For
purposes of this section and except as otherwise provided in
this section, the Board shall exercise the authorities of the
Federal Labor Relations Authority under sections 7105, 7111,
7112, 7113, 7115, 7117, 7118, and 7122 of title 5, United
States Code, and of the President under section 7103(b) of
title 5, United States Code. For purposes of this section,
any petition or other submission that, under chapter 71 of
title 5, United States Code, would be submitted to the
Federal Labor Relations Authority shall, if brought under
this section, be submitted to the Board. The Board shall
refer any matter under this paragraph to a hearing officer
for decision pursuant to subsections (b) through (h) of
section 405, subject to review by the Board pursuant to
section 406. The Board may direct that the General Counsel
carry out the Board's investigative authorities under this
paragraph.
(2) General authorities of the general counsel; charges of
unfair labor practice.--For purposes of this section and
except as otherwise provided in this section, the General
Counsel shall exercise the authorities of the General Counsel
of the Federal Labor Relations Authority under sections 7104
and 7118 of title 5, United States Code. For purposes of this
section, any charge or other submission that, under chapter
71 of title 5, United States Code, would be submitted to the
General Counsel of the Federal Labor Relations Authority
shall, if brought under this section, be submitted to the
General 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 paragraphs (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
[[Page S773]] 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
SEC. 225. GENERALLY APPLICABLE REMEDIES AND LIMITATIONS.
(a) Attorney's Fees.--If a covered employee, with respect
to any claim under this Act, or a qualified person with a
disability, with respect to any claim under section 210, is a
prevailing party in any proceeding under section 405, 406,
407, or 408, the hearing officer, Board, or court, as the
case may be, may award attorney's fees, expert fees, and any
other costs as would be appropriate if awarded under section
706(k) of the Civil Rights Act of 1964 (42 U.S.C. 2000e-
5(k)).
(b) Interest.--In any proceeding under section 405, 406,
407, or 408, the same interest to compensate for delay in
payment shall be made available as would be appropriate if
awarded under section 717(d) of the Civil Rights Act of 1964
(42 U.S.C. 2000e-16(d)).
(c) Civil Penalties and Punitive Damages.--No civil penalty
or punitive damages may be awarded with respect to any claim
under this Act.
(d) Exclusive Procedure.--
(1) In general.--Except as provided in paragraph (2), no
person may commence an administrative or judicial proceeding
to seek a remedy for the rights and protections afforded by
this Act except as provided in this Act.
(2) Veterans.--A covered employee under section 206 may
also utilize any provisions of chapter 43 of title 38, United
States Code, that are applicable to that employee.
(e) Scope of Remedy.--Only a covered employee who has
undertaken and completed the procedures described in sections
402 and 403 may be granted a remedy under part A of this
title.
(f) Construction.--
(1) Definitions and exemptions.--Except where inconsistent
with definitions and exemptions provided in this Act, the
definitions and exemptions in the laws made applicable by
this Act shall apply under this Act.
(2) Size limitations.--Notwithstanding paragraph (1),
provisions in the laws made applicable under this Act (other
than the Worker Adjustment and Retraining Notification Act)
determining coverage based on size, whether expressed in
terms of numbers of employees, amount of business transacted,
or other measure, shall not apply in determining coverage
under this Act.
(3) Executive branch enforcement.--This Act shall not be
construed to authorize enforcement by the executive branch of
this Act.
PART F--STUDY
SEC. 230. STUDY AND RECOMMENDATIONS REGARDING GENERAL
ACCOUNTING OFFICE, GOVERNMENT PRINTING OFFICE,
AND LIBRARY OF CONGRESS.
(a) In General.--The Administrative Conference of the
United States shall undertake a study of--
(1) the application of the laws listed in subsection (b)
to--
(A) the General Accounting Office;
(B) the Government Printing Office; and
(C) the Library of Congress; and
(2) the regulations and procedures used by the entities
referred to in paragraph (1) to apply and enforce such laws
to themselves and their employees.
(b) Applicable Statutes.--The study under this section
shall consider the application of the following laws:
(1) Title VII of the Civil Rights Act of 1964 (42 U.S.C.
2000e et seq.), and related provisions of section 2302 of
title 5, United States Code.
(2) The Age Discrimination in Employment Act of 1967 (29
U.S.C. 621 et seq.), and related provisions of section 2302
of title 5, United States Code.
(3) The Americans with Disabilities Act of 1990 (42 U.S.C.
12101 et seq.), and related provisions of section 2302 of
title 5, United States Code.
(4) The Family and Medical Leave Act of 1993 (29 U.S.C.
2611 et seq.), and related provisions of sections 6381
through 6387 of title 5, United States Code.
(5) The Fair Labor Standards Act of 1938 (29 U.S.C. 201 et
seq.), and related provisions of sections 5541 through 5550a
of title 5, United States Code.
(6) The Occupational Safety and Health Act of 1970 (29
U.S.C. 651 et seq.), and related provisions of section 7902
of title 5, United States Code.
(7) The Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.).
(8) Chapter 71 (relating to Federal service labor-
management relations) of title 5, United States Code.
(9) The General Accounting Office Personnel Act of 1980 (31
U.S.C. 731 et seq.).
(10) The Employee Polygraph Protection Act of 1988 (29
U.S.C. 2001 et seq.).
(11) The Worker Adjustment and Retraining Notification Act
(29 U.S.C. 2101 et seq.).
(12) Chapter 43 (relating to veterans' employment and
reemployment) of title 38, United States Code.
(c) Contents of Study and Recommendations.--The study under
this section shall evaluate whether the rights, protections,
and procedures, including administrative and judicial relief,
applicable to the entities listed in paragraph (1) of
subsection (a) and their employees are comprehensive and
effective and shall include recommendations for any
improvements in regulations or legislation, including
proposed regulatory or legislative language.
(d) Deadline and Delivery of Study.--Not later than
December 31, 1996--
(1) the Administrative Conference of the United States
shall prepare and complete the study and recommendations
required under this section and shall submit the study and
recommendations to the Board; and
(2) the Board shall transmit such study and recommendations
(with the Board's comments) to the head of each entity
considered in the study, and to the Congress by delivery to
the Speaker of the House of Representatives and President pro
tempore of the Senate for referral to the appropriate
committees of the House of Representatives and of the Senate.
TITLE III--OFFICE OF COMPLIANCE
SEC. 301. ESTABLISHMENT OF OFFICE OF COMPLIANCE.
(a) Establishment.--There is established, as an independent
office within the legislative branch of the Federal
Government, the Office of Compliance.
(b) Board of Directors.--The Office shall have a Board of
Directors. The Board shall consist of 5 individuals appointed
jointly by the Speaker of the House of Representatives, the
Majority Leader of the Senate, and the Minority Leaders of
the House of Representatives and the Senate. Appointments of
the first 5 members of the Board shall be completed not later
than 90 days after the date of the enactment of this Act.
(c) Chair.--The Chair shall be appointed from members of
the Board jointly by the Speaker of the House of
Representatives, the Majority Leader of the Senate, and the
Minority Leaders of the House of Representatives and the
Senate.
(d) Board of Directors Qualifications.--
(1) Specific qualifications.--Selection and appointment of
members of the Board shall be without regard to political
affiliation and solely on the basis of fitness to perform the
duties of the Office. Members of the Board shall have
training or experience in the application of the rights,
protections, and remedies under one or more of the laws made
applicable under section 102.
(2) Disqualifications for appointments.--
(A) Lobbying.--No individual who engages in, or is
otherwise employed in, lobbying of the Congress and who is
required under the Federal Regulation of Lobbying Act to
register with the Clerk of the House of Representatives or
the Secretary of the Senate shall be eligible for appointment
to, or service on, the Board.
(B) Incompatible office.--No member of the Board appointed
under subsection (b) may hold or may have held the position
of Member of the House of Representatives or Senator, may
hold the position of officer or employee of the House of
Representatives, Senate, or instrumentality or other entity
of the legislative branch, or may have held such a position
(other than the position of an officer or employee of the
General Accounting Office Personnel Appeals Board, an officer
or employee of the Office of Fair Employment Practices of the
House of Representatives, or officer or employee of the
Office of Senate Fair Employment Practices) within 4 years of
the date of appointment.
(3) Vacancies.--A vacancy on the Board shall be filled in
the manner in which the original appointment was made.
(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,
[[Page S774]] (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.
SEC. 302. OFFICERS, STAFF, AND OTHER PERSONNEL.
(a) Executive Director.--
(1) Appointment and removal.--
(A) In general.--The Chair, subject to the approval of the
Board, shall appoint and may remove an Executive Director.
Selection and appointment of the Executive Director shall be
without regard to political affiliation and solely on the
basis of fitness to perform the duties of the Office. The
first Executive Director shall be appointed no later than 90
days after the initial appointment of the Board of Directors.
(B) Qualifications.--The Executive Director shall be an
individual with training or expertise in the application of
laws referred to in section 102(a).
(C) Disqualifications.--The disqualifications in section
301(d)(2) shall apply to the appointment of the Executive
Director.
(2) Compensation.--The Chair may fix the compensation of
the Executive Director. The rate of pay for the Executive
Director may not exceed the annual rate of basic pay
prescribed for level V of the Executive Schedule under
section 5316 of title 5, United States Code.
(3) Term.--The term of office of the Executive Director
shall be a single term of 5 years, except that the first
Executive Director shall have a single term of 7 years.
(4) Duties.--The Executive Director shall serve as the
chief operating officer of the Office. Except as otherwise
specified in this Act, the Executive Director shall carry out
all of the responsibilities of the Office under this Act.
(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.
SEC. 303. PROCEDURAL RULES.
(a) In General.--The Executive Director shall, subject to
the approval of the Board, adopt rules governing the
procedures of the Office, including the procedures of hearing
officers, which shall be submitted for publication in the
Congressional Record. The rules may be amended in the same
manner.
(b) Procedure.--The Executive Director shall adopt rules
referred to in subsection (a) in accordance with the
principles and procedures set forth in section 553 of title
5, United States Code. The Executive Director shall publish a
general notice of proposed rulemaking under section 553(b) of
title 5, United States Code, but, instead of publication of a
general notice of proposed 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
[[Page S775]] 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.
SEC. 304. SUBSTANTIVE REGULATIONS.
(a) Regulations.--
(1) In general.--The procedures applicable to the
regulations of the Board issued for the implementation of
this Act, which shall include regulations the Board is
required to issue under title II (including regulations on
the appropriate application of exemptions under the laws made
applicable in title II) are as prescribed in this section.
(2) Rulemaking procedure.--Such regulations of the Board--
(A) shall be adopted, approved, and issued in accordance
with subsection (b); and
(B) shall consist of 3 separate bodies of regulations,
which shall apply, respectively, to--
(i) the Senate and employees of the Senate;
(ii) the House of Representatives and employees of the
House of Representatives; and
(iii) all other covered employees and employing offices.
(b) Adoption by the Board.--The Board shall adopt the
regulations referred to in subsection (a)(1) in accordance
with the principles and procedures set forth in section 553
of title 5, United States Code, and as provided in the
following provisions of this subsection:
(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.
SEC. 305. EXPENSES.
(a) Authorization of Appropriations.--Beginning in fiscal
year 1995, and for each fiscal year thereafter, there are
authorized to be appropriated for the expenses of the Office
such sums as may be necessary to carry out the functions of
the Office. Until sums are first appropriated pursuant to the
preceding sentence, but for a period not exceeding 12 months
following the date of the enactment of this Act--
(1) one-half of the expenses of the Office shall be paid
from funds appropriated for allowances and expenses of the
House of Representatives, and
(2) one-half of the expenses of the Office shall be paid
from funds appropriated for allowances and expenses of the
Senate,
upon vouchers approved by the Executive Director, except that
a voucher shall not be required for the disbursement of
salaries of employees who are paid at an annual rate. The
Clerk of the House of Representatives and the Secretary of
the Senate are authorized to make arrangements for the
division of expenses under this subsection, including
arrangements for one House of Congress to reimburse the other
House of Congress.
(b) Financial and Administrative Services.--The Executive
Director may place orders and enter into agreements for goods
and services with the head of any agency, or major
organizational unit within an agency, in the legislative or
executive branch of the United States in the same manner and
to the same extent as agencies are authorized under sections
1535 and 1536 of title 31, United States Code, to place
orders and enter into agreements.
(c) Witness Fees and Allowances.--Except for covered
employees, witnesses before a hearing officer or the Board in
any proceeding under this Act other than rulemaking shall be
paid the same fee and mileage allowances as are paid
subpoenaed witnesses in the courts of the United States.
Covered employees who are summoned, or are assigned by their
employer, to testify in their official capacity or to produce
official records in any proceeding under this Act shall be
entitled to travel expenses under subchapter I and section
5751 of chapter 57 of title 5, United States Code.
TITLE IV--ADMINISTRATIVE AND JUDICIAL DISPUTE-RESOLUTION PROCEDURES
SEC. 401. PROCEDURE FOR CONSIDERATION OF ALLEGED VIOLATIONS.
Except as otherwise provided, the procedure for
consideration of alleged violations of part A of title II
consists of--
(1) counseling as provided in section 402;
(2) mediation as provided in section 403; and
(3) election, as provided in section 404, of either--
(A) a formal complaint and hearing as provided in section
405, subject to Board review as provided in section 406, and
judicial review in the United States Court of Appeals
[[Page S776]] 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.
SEC. 402. COUNSELING.
(a) In General.--To commence a proceeding, a covered
employee alleging a violation of a law made applicable under
part A of title II shall request counseling by the Office.
The Office shall provide the employee with all relevant
information with respect to the rights of the employee. A
request for counseling shall be made not later than 180 days
after the date of the alleged violation.
(b) Period of Counseling.--The period for counseling shall
be 30 days unless the employee and the Office agree to reduce
the period. The period shall begin on the date the request
for counseling is received.
(c) Notification of End of Counseling Period.--The Office
shall notify the employee in writing when the counseling
period has ended.
SEC. 403. MEDIATION.
(a) Initiation.--Not later than 15 days after receipt by
the employee of notice of the end of the counseling period
under section 402, but prior to and as a condition of making
an election under section 404, the covered employee who
alleged a violation of a law shall file a request for
mediation with the Office.
(b) Process.--Mediation under this section--
(1) may include the Office, the covered employee, the
employing office, and one or more individuals appointed by
the Executive Director after considering recommendations by
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.
SEC. 404. ELECTION OF PROCEEDING.
Not later than 90 days after a covered employee receives
notice of the end of the period of mediation, but no sooner
than 30 days after receipt of such notification, such covered
employee may either--
(1) file a complaint with the Office in accordance with
section 405, or
(2) file a civil action in accordance with section 408 in
the United States district court for the district in which
the employee is employed or for the District of Columbia.
SEC. 405. COMPLAINT AND HEARING.
(a) In General.--A covered employee may, upon the
completion of mediation under section 403, file a complaint
with the Office. The respondent to the complaint shall be the
employing office--
(1) involved in the violation, or
(2) in which the violation is alleged to have occurred,
and about which mediation was conducted.
(b) Dismissal.--A hearing officer may dismiss any claim
that the hearing officer finds to be frivolous or that fails
to state a claim upon which relief may be granted.
(c) Hearing Officer.--
(1) Appointment.--Upon the filing of a complaint, the
Executive Director shall appoint an independent hearing
officer to consider the complaint and render a decision. No
Member of the House of Representatives, Senator, officer of
either the House of Representatives or the Senate, head of an
employing office, member of the Board, or covered employee
may be appointed to be a hearing officer. The Executive
Director shall select hearing officers on a rotational or
random basis from the lists developed under paragraph (2).
Nothing in this section shall prevent the appointment of
hearing officers as full-time employees of the Office or the
selection of hearing officers on the basis of specialized
expertise needed for particular matters.
(2) Lists.--The Executive Director shall develop master
lists, composed of--
(A) members of the bar of a State or the District of
Columbia and retired judges of the United States courts who
are experienced in adjudicating or arbitrating the 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.
SEC. 406. APPEAL TO THE BOARD.
(a) In General.--Any party aggrieved by the decision of a
hearing officer under section 405(g) may file a petition for
review by the Board not later than 30 days after entry of the
decision in the records of the Office.
(b) Parties' Opportunity To Submit Argument.--The parties
to the hearing upon which the decision of the hearing officer
was made shall have a reasonable opportunity to be heard,
through written submission and, in the discretion of the
Board, through oral argument.
(c) Standard of Review.--The Board shall set aside a
decision of a hearing officer if the Board determines that
the decision was--
(1) arbitrary, capricious, an abuse of discretion, or
otherwise not consistent with law;
(2) not made consistent with required procedures; or
(3) unsupported by substantial evidence.
(d) Record.--In making determinations under subsection (c),
the Board shall review the whole record, or those parts of it
cited by a party, and due account shall be taken of the rule
of prejudicial error.
(e) Decision.--The Board shall issue a written decision
setting forth the reasons for its decision. The decision may
affirm, reverse, or remand to the hearing officer for further
proceedings. A decision that does not require further
proceedings before a hearing officer shall be entered in the
records of the Office as a final decision.
SEC. 407. JUDICIAL REVIEW OF BOARD DECISIONS AND ENFORCEMENT.
(a) Jurisdiction.--
(1) Judicial review.--The United States Court of Appeals
for the Federal Circuit shall have jurisdiction over any
proceeding commenced by a petition of--
[[Page S777]] (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.
SEC. 408. CIVIL ACTION.
(a) Jurisdiction.--The district courts of the United States
shall have jurisdiction over any civil action commenced under
section 404 and this section by a covered employee who has
completed counseling under section 402 and mediation under
section 403. A civil action may be commenced by a covered
employee only to seek redress for a violation for which the
employee has completed counseling and mediation.
(b) Parties.--The defendant shall be the employing office
alleged to have committed the violation, or in which the
violation is alleged to have occurred.
(c) Jury Trial.--Any party may demand a jury trial where a
jury trial would be available in an action against a private
defendant under the relevant law made applicable by this Act.
In any case in which a violation of section 201 is alleged,
the court shall not inform the jury of the maximum amount of
compensatory damages available under section 201(b)(1) or
201(b)(3).
SEC. 409. JUDICIAL REVIEW OF REGULATIONS.
In any proceeding brought under section 407 or 408 in which
the application of a regulation issued under this Act is at
issue, the court may review the validity of the regulation in
accordance with the provisions of subparagraphs (A) through
(D) of section 706(2) of title 5, United States Code, except
that with respect to regulations approved by a joint
resolution under section 304(c), only the provisions of
section 706(2)(B) of title 5, United States Code, shall
apply. If the court determines that the regulation is
invalid, the court shall apply, to the extent necessary and
appropriate, the most relevant substantive executive agency
regulation promulgated to implement the statutory provisions
with respect to which the invalid regulation was issued.
Except as provided in this section, the validity of
regulations issued under this Act is not subject to judicial
review.
SEC. 410. OTHER JUDICIAL REVIEW PROHIBITED.
Except as expressly authorized by sections 407, 408, and
409, the compliance or noncompliance with the provisions of
this Act and any action taken pursuant to this Act shall not
be subject to judicial review.
SEC. 411. EFFECT OF FAILURE TO ISSUE REGULATIONS.
In any proceeding under section 405, 406, 407, or 408,
except a proceeding to enforce section 220 with respect to
offices listed under section 220(e)(2), if the Board has not
issued a regulation on a matter for which this Act requires a
regulation to be issued, the hearing officer, Board, or
court, as the case may be, shall apply, to the extent
necessary and appropriate, the most relevant substantive
executive agency regulation promulgated to implement the
statutory provision at issue in the proceeding.
SEC. 412. EXPEDITED REVIEW OF CERTAIN APPEALS.
(a) In General.--An appeal may be taken directly to the
Supreme Court of the United States from any interlocutory or
final judgment, decree, or order of a court upon the
constitutionality of any provision of this Act.
(b) Jurisdiction.--The Supreme Court shall, if it has not
previously ruled on the question, accept jurisdiction over
the appeal referred to in subsection (a), advance the appeal
on the docket, and expedite the appeal to the greatest extent
possible.
SEC. 413. PRIVILEGES AND IMMUNITIES.
The authorization to bring judicial proceedings under
sections 405(f)(3), 407, and 408 shall not constitute a
waiver of sovereign immunity for any other purpose, or of the
privileges of any Senator or Member of the House of
Representatives under article I, section 6, clause 1, of the
Constitution, or a waiver of any power of either the Senate
or the House of Representatives under the Constitution,
including under article I, section 5, clause 3, or under the
rules of either House relating to records and information
within its jurisdiction.
SEC. 414. SETTLEMENT OF COMPLAINTS.
Any settlement entered into by the parties to a process
described in section 210, 215, 220, or 401 shall be in
writing and not become effective unless it is approved by the
Executive Director. Nothing in this Act shall affect the
power of the Senate and the House of Representatives,
respectively, to establish rules governing the process by
which a settlement may be entered into by such House or by
any employing office of such House.
SEC. 415. PAYMENTS.
(a) Awards and Settlements.--Except as provided in
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.
SEC. 416. CONFIDENTIALITY.
(a) Counseling.--All counseling shall be strictly
confidential, except that the Office and a covered employee
may agree to notify the employing office of the allegations.
(b) Mediation.--All mediation shall be strictly
confidential.
(c) Hearings and Deliberations.--Except as provided in
subsections (d), (e), and (f), all proceedings and
deliberations of hearing 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
[[Page S778]] 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.
TITLE V--MISCELLANEOUS PROVISIONS
SEC. 501. EXERCISE OF RULEMAKING POWERS.
The provisions of sections 102(b)(3) and 304(c) are
enacted--
(1) as an exercise of the rulemaking power of the House of
Representatives and the Senate, respectively, and as such
they shall be considered as part of the rules of such House,
respectively, and such rules shall supersede other rules only
to the extent that they are inconsistent therewith; and
(2) with full recognition of the constitutional right of
either House to change such rules (so far as relating to such
House) at any time, in the same manner, and to the same
extent as in the case of any other rule of each House.
SEC. 502. POLITICAL AFFILIATION AND PLACE OF RESIDENCE.
(a) In General.--It shall not be a violation of any
provision of section 201 to consider the--
(1) party affiliation;
(2) domicile; or
(3) political compatibility with the employing office;
of an employee referred to in subsection (b) with respect to
employment decisions.
(b) Definition.--For purposes of subsection (a), the term
``employee'' means--
(1) an employee on the staff of the leadership of the House
of Representatives or the leadership of the Senate;
(2) an employee on the staff of a committee or subcommittee
of--
(A) the House of Representatives;
(B) the Senate; or
(C) a joint committee of the Congress;
(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).
SEC. 503. NONDISCRIMINATION RULES OF THE HOUSE AND SENATE.
The Select Committee on Ethics of the Senate and the
Committee on Standards of Official Conduct of the House of
Representatives retain full power, in accordance with the
authority provided to them by the Senate and the House, with
respect to the discipline of Members, officers, and employees
for violating rules of the Senate and the House on
nondiscrimination in employment.
SEC. 504. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Civil Rights Remedies.--
(1) Sections 301 and 302 of the Government Employee Rights
Act of 1991 (2 U.S.C. 1201 and 1202) are amended to read as
follows:
``SEC. 301. GOVERNMENT EMPLOYEE RIGHTS ACT OF 1991.
``(a) Short Title.--This title may be cited as the
`Government Employee Rights Act of 1991'.
``(b) Purpose.--The purpose of this title is to provide
procedures to protect the rights of certain
government employees, with respect to their public
employment, to be free of discrimination on the basis of
race, color, religion, sex, national origin, age, or
disability.
``(c) Definition.--For purposes of this title, the term
`violation' means a practice that violates section 302(a) of
this title.
``SEC. 302. DISCRIMINATORY PRACTICES PROHIBITED.
``(a) Practices.--All personnel actions affecting the
Presidential appointees described in section 303 or the State
employees described in section 304 shall be made free from
any discrimination based on--
``(1) race, color, religion, sex, or national origin,
within the meaning of section 717 of the Civil Rights Act of
1964 (42 U.S.C. 2000e-16);
``(2) age, within the meaning of section 15 of the Age
Discrimination in Employment Act of 1967 (29 U.S.C. 633a); or
``(3) disability, within the meaning of section 501 of the
Rehabilitation Act of 1973 (29 U.S.C. 791) and sections 102
through 104 of the Americans with Disabilities Act of 1990
(42 U.S.C. 12112-14).
``(b) Remedies.--The remedies referred to in sections
303(a)(1) and 304(a)--
``(1) may include, in the case of a determination that a
violation of subsection (a)(1) or (a)(3) has occurred, such
remedies as would be appropriate if awarded under sections
706(g), 706(k), and 717(d) of the Civil Rights Act of 1964
(42 U.S.C. 2000e-5(g), 2000e-5(k), 2000e-16(d)), and such
compensatory damages as would be appropriate if awarded under
section 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.
SEC. 505. JUDICIAL BRANCH COVERAGE STUDY.
The Judicial Conference of the United States shall prepare
a report for submission by the Chief Justice of the United
States to the Congress on the application to the judicial
branch of the Federal Government of--
(1) the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et
seq.);
(2) title VII of the Civil Rights Act of 1964 (42 U.S.C.
2000e et seq.);
(3) the Americans with Disabilities Act of 1990 (42 U.S.C.
12101 et seq.);
(4) the Age Discrimination in 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.
SEC. 506. SAVINGS PROVISIONS.
(a) Transition Provisions for Employees of the House of
Representatives and of the Senate.--
(1) Claims arising before effective date.--If, as of the
date on which section 201 takes effect, an employee of the
Senate or the House of Representatives has or could have
requested counseling under section 305 of the Government
Employees Rights Act of 1991 (2 U.S.C. 1205) or Rule LI of
the House of Representatives, including counseling for
alleged violations of family and medical leave rights under
title V of the Family and Medical Leave Act of 1993, the
employee may complete, or initiate and complete, all
procedures under the Government Employees Rights Act of 1991
and Rule LI, and the provisions of that Act and Rule shall
remain in effect with respect to, and provide the exclusive
procedures for, those claims until the completion of all such
procedures.
(2) Claims arising between effective date and opening of
office.--If a claim by an employee of the Senate or House of
Representatives arises under section 201 or 202 after the
effective date of such sections, but before the opening of
the Office for receipt of requests for counseling or
mediation under sections 402 and 403, the provisions of the
Government Employees Rights Act of 1991 (2 U.S.C. 1201 et
seq.) and Rule LI of the House of Representatives relating to
counseling and mediation shall remain in effect, and the
employee may complete under that Act or Rule the requirements
for counseling and mediation under sections 402 and 403. If,
after counseling and mediation is completed, the Office has
not yet opened for the filing of a timely complaint under
section 405, the employee may elect--
(A) to file a complaint under section 307 of the Government
Employees Rights Act of 1991 (2 U.S.C. 1207) or Rule LI of
the House of Representatives, and thereafter proceed
exclusively under that Act or Rule, the provisions of which
shall remain in effect until the completion of all
proceedings in relation to the complaint, or
(B) to commence a civil action under section 408.
[[Page S779]] (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.
SEC. 507. USE OF FREQUENT FLYER MILES.
(a) Limitation on the Use of Travel Awards.--
Notwithstanding any other provision of law, or any rule,
regulation, or other authority, any travel award that accrues
by reason of official travel of a Member, officer, or
employee of the Senate shall be considered the property of
the office for which the travel was performed and may not be
converted to personal use.
(b) Regulations.--The Committee on Rules and Administration
of the Senate shall have authority to prescribe regulations
to carry out this section.
(c) Definitions.--As used in this section--
(1) the term ``travel award'' means any frequent flyer,
free, or discounted travel, or other travel benefit, whether
awarded by coupon, membership, or otherwise; and
(2) the term ``official travel'' means travel engaged in
the course of official business of the Senate.
SEC. 508. SENSE OF SENATE REGARDING ADOPTION OF SIMPLIFIED
AND STREAMLINED ACQUISITION PROCEDURES FOR
SENATE ACQUISITIONS.
It is the sense of the Senate that the Committee on Rules
and Administration of the Senate should review the rules
applicable to purchases by Senate offices to determine
whether they are consistent with the acquisition
simplification and streamlining laws enacted in the Federal
Acquisition Streamlining Act of 1994 (Public Law 103-355).
SEC. 509. SEVERABILITY.
If any provision of this Act or the application of such
provision to any person or circumstance is held to be
invalid, the remainder of this Act and the application of the
provisions of the remainder to any person or circumstance
shall not be affected thereby.
Mr. GLENN. Mr. President, I move to reconsider the vote.
Mr. GRASSLEY. I move to lay that motion on the table.
The motion to lay on the table was agreed to.
Mr. GRASSLEY. Mr. President, I will do some final work on this bill
in the sense of some tributes, as well as adding a couple of
cosponsors.
First of all, I ask unanimous consent that Senator Frist and Senator
Domenici be added as cosponsors.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. GRASSLEY. Mr. President, the Administrative Conference is being
directed to study the application of the various laws to the General
Accounting Office, the Government Printing Office, and the Library of
Congress as well as the regulations and procedures used by these
agencies to endorse these laws. The study is to evaluate whether the
rights, protections, and procedures applicable to these agencies and
their employees under these laws are comprehensive and effective. The
conference is to make recommendations for any improvements in
regulations or legislation, including regulatory or legislative
language. I urge the conference to be particularly mindful of conflict
of interest or other concerns that may arise from the coverage of
Library of Congress employees under the existing Federal sector labor-
management statutory framework. The bill reflects similar concerns with
respect to various categories of congressional employees which may well
be equally applicable to Library of Congress employees.
Mr. President, I want to thank Senator Glenn. He has been here on the
floor of this body for 5 days representing the minority party.
I also want to thank the new Senator from Tennessee, Senator
Thompson, because on our side of the aisle he worked very closely with
me as cochairman of the working group on this bill, which Senator Dole
appointed for the Republicans so that this bill could be worked on in
December and be ready for action on the first day of the session.
Also, I thank Senator Lieberman of Connecticut, who has worked very
hard on this bill over the last 2 years and was my main cosponsor on
this bill; also, I thank him and his staff for contributing during the
interim of the two Congresses to get this bill put together. I also
need to mention this about Senator Glenn: He was active in this issue
long before most of us even came to the Congress.
I also thank Senator Stevens, because in the last several Congresses
when I tried to get this legislation passed, he has wanted us to think
through very clearly what direction we should go in. He has
legitimately raised some questions and concerns about this over several
Congresses. And during this Congress, he was satisfied with the product
we put together, and he was also part of the group that worked out
compromises between Republicans and Democrats, as well as between the
House and Senate. I thank Senator Stevens for his cooperation.
I thank Senator Roth, who was chairman of the committee this time
that would have had jurisdiction over this bill, because he did not
demand referral.
I thank Senators Nickles, Coats, Hutchison, Abraham, and Smith,
because they were also members of the Republican task force.
Then regarding the staff people, I want to say thank you to Senator
Lieberman's staff, John Nakahata and Fred Richardson; Senator Stevens'
staff, Mark Mackie; Senator Roth's staff, Susanne Marshall; Dennis Shea
of Senator Dole's staff; Larry Novak of Senator Glenn's staff; Michael
Davidson, Senate legal counsel, and also of the legal counsel staff,
Claire Sylvia. Then Gary Kline of my staff was involved in this. I want
to pay special tribute to Fred Ansell of my staff, not only for the
time and work that went into several weeks of December that he worked
on this bill with other staff people, but also for his assuming a
tremendous amount of responsibility in making sure that we had a
product that was acceptable to the Senate. I think the best measure of
a product that is acceptable to the Senate is that there was no
amendment applicable to the underlying bill, except the technical
amendments that were in the managers bill. So I thank Mr. Ansell for
his fine, outstanding work in representing me and the group of
staffers.
I yield the floor.
Mr. GLENN. Mr. President, I want to associate myself with the remarks
of the distinguished Senator from Iowa in giving credit to those who
worked long into the night and do so much work in putting something
like this together. It is not easy. They have to do a lot of work on
the amendments that were proposed over here, and they did a lot of work
over the last couple of years in putting this whole package together.
It finally came together in a way, with the provisions in here, that
took care of some of the previous concerns about separation of powers
between the branches of Government that literally has held up
consideration of this legislation since 1978, when I introduced
[[Page S780]] legislation like this; way back in 1978, it has been
held up all this time.
Last year, as majority leader, Senator Mitchell indicated to me that
he wanted us to move this, if we possibly could, out of committee and
the best bill we had was the Grassley-Lieberman bill. We worked with
them on that and we put it in the form that was passed here this
evening. I am proud to have worked with them on that and to be part of
the team that got it together.
But I want to particularly give them credit for it, as well as the
other people who worked so hard on the staff through this.
On our staff of the Governmental Affairs Committee, Larry Novey, who
is with me right here, has done yeoman's work on this. Len Weiss, who
is our minority staff director, worked on this, but Larry, in
particular, really has dedicated himself to this and did a terrific job
on this. So I want to give him credit for working out a lot of the
details on this and making it into what I think is a very important
piece of legislation that says now for the first time we treat our
people here on Capitol Hill with the same fairness, the same rights,
that we have thought in the past were important enough to apply to all
the rest of the country.
And now we have some 36,000 employees here--I just received a rundown
on that a moment ago--36,000 employees total on Capitol Hill or in the
instrumentalities that work for the Senate here and the House of
Representatives. Those people now have the same protections and same
rights under the law, through a different appeals process that we
worked out here.
But I just wanted to give credit to those who worked out all these
details. I think it is a great step forward.
Thank you very much and I yield the floor.
Mr. LOTT addressed the Chair.
The PRESIDING OFFICER. The Senator from Mississippi.
Mr. LOTT. Mr. President, I wish to associate myself with the remarks
that have already been made here. And also on behalf of the majority
leader and, I am sure, the membership on both sides of the aisle, I
wish to congratulate them on the outstanding job that has been done on
this legislation.
The distinguished Senator from Iowa has certainly done an outstanding
job. He has been patient. Amendments have not just been brushed off.
They have been considered. But all of them were put aside, at least for
the time being, so we could have a good, clean bill that does what
everybody really wants it to do.
I think the evidence of the good job that has been done was the vote
we just saw, 98 to 1. I do think that it is important that this is the
first bill of the year; that we have congressional accountability; that
we have these laws apply to ourselves. And I think that it is an
important message to the American people that they will agree with.
So I just wanted take a moment to commend Senator Grassley; and
Senator Glenn, who has done yeoman's work on this legislation over a
long period of time and did a lot of good work last year. He certainly
worked very closely with Senator Grassley. Both of them did a great job
and I think they should be commended for it.
So let us just go forward and do this again on the next bill and see
if we cannot complete it in a little less time.
With that, Mr. President, I yield the floor.
Mr. GRASSLEY addressed the Chair.
The PRESIDING OFFICER. The Senator from Iowa.
Mr. GRASSLEY. Mr. President, I thank the Senator from Mississippi for
his kind remarks.
Reflecting upon the 98-to-1 vote, I can just simply say the feeling
of this body has dramatically changed toward this legislation, because
I remember the first time I introduced an amendment on this and got it
through on a voice vote. There were just a few Members here at that
particular time. One Member was so mad at me after I got it passed that
the individual said to me, ``Grassley, I hope you are the first one
sued.''
Well, we have to keep diligent to get things done. And I think that
one of the things that I have learned to do is to stick to your guns.
Basically, Prime Minister Disraeli, in the second half of the last
century, had this to say as a way to determine success. ``Constancy of
purpose is the secret of success,'' is what Disraeli said. I think that
that is a very good rule for anybody who wants to get anything done in
the congressional system that we have in this country. If you stick to
it and if you are on the right track, you will eventually accomplish
your goal. I think that even Senator Glenn has a longer view toward
that end than I do, because, as I stated before, he was involved in
this before I ever got involved in it.
I yield the floor.
Mr. BIDEN. Mr. President, I also remember something Benjamin Disraeli
said when a young member of Parliament walked up to him one evening--as
you know, better than I, the Parliament meets in the evening. He walked
up to Benjamin Disraeli, his party leader, and he said, ``Mr. Prime
Minister,''--there was a particular bill on the floor--he said, ``Mr.
Prime Minister, such and such a bill is on the floor tonight. I wonder
whether you think I should speak tonight on this bill.'' And Disraeli
looked at the young member and said, ``Sir, I think it better that the
House of Commons wonder why you did not speak than why you did.''
And occasionally I think we are going to find Disraeli's admonition,
not as it relates to this particular bill, I suspect we may find his
admonition may be well placed in terms of how we conduct ourselves the
remainder of this session.
But I want to make it clear for the record, I am not referring to the
Senator from Iowa or anyone in particular. But I just hope that on some
of the legislative initiatives I have heard about, other than the one I
have seen tonight, that we follow Disraeli's advice: Sometimes it is
better not to speak than to speak.
But I am going to break that admonition myself right now and I am
going to ask unanimous consent that I be able to proceed for 10 minutes
as if morning business.
The PRESIDING OFFICER. Without objection, it is so ordered.
____________________