[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.
  

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