Pub.L. 104-10 To amend the Alaska Native Claims Settlement Act to provide for the purchase of common stock of Cook Inlet Region, and for other purposes. <> ...

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        subsections (a) and (b) shall be effective on October 1, 1996.
            (2) Certain offices.--With respect to the offices listed in 
        subsection (e)(2), to the covered employees of such offices, and 
        to representatives of such employees, subsections (a) and (b) 
        shall be effective on the effective date of regulations under 
        subsection (e).

                             PART E--GENERAL

<<NOTE: 2 USC 1361.>> SEC. 225. GENERALLY APPLICABLE REMEDIES AND 
            LIMITATIONS.

    (a) Attorney's Fees.--If a covered employee, with respect to any 
claim under this Act, or a qualified person with a disability, with 
respect to any claim under section 210, is a prevailing party in any 
proceeding under section 405, 406, 407, or 408, the hearing officer, 
Board, or court, as the case may be, may award attorney's fees, expert 
fees, and any other costs as would be appropriate if awarded under 
section 706(k) of the Civil Rights Act of 1964 (42 U.S.C. 2000e-5(k)).
    (b) Interest.--In any proceeding under section 405, 406, 407, or 
408, the same interest to compensate for delay in payment shall be made 
available as would be appropriate if awarded under section 717(d) of the 
Civil Rights Act of 1964 (42 U.S.C. 2000e-16(d)).
    (c) Civil Penalties and Punitive Damages.--No civil penalty or 
punitive damages may be awarded with respect to any claim under this 
Act.
    (d) Exclusive Procedure.--
            (1) In general.--Except as provided in paragraph (2), no 
        person may commence an administrative or judicial proceeding to 
        seek a remedy for the rights and protections afforded by this 
        Act except as provided in this Act.
            (2) Veterans.--A covered employee under section 206 may also 
        utilize any provisions of chapter 43 of title 38, United States 
        Code, that are applicable to that employee.

    (e) Scope of Remedy.--Only a covered employee who has undertaken and 
completed the procedures described in sections 402 and 403 may be 
granted a remedy under part A of this title.
    (f) Construction.--
            (1) Definitions and exemptions.--Except where inconsistent 
        with definitions and exemptions provided in this Act, the 
        definitions and exemptions in the laws made applicable by this 
        Act shall apply under this Act.
            (2) Size limitations.--Notwithstanding paragraph (1), 
        provisions in the laws made applicable under this Act (other 
        than the Worker Adjustment and Retraining Notification Act) 
        determining coverage based on size, whether expressed in terms 
        of numbers of employees, amount of business transacted, or other 
        measure, shall not apply in determining coverage under this Act.
            (3) Executive branch enforcement.--This Act shall not be 
        construed to authorize enforcement by the executive branch of 
        this Act.

[[Page 109 STAT. 23]]

                              PART F--STUDY

<<NOTE: 2 USC 1371.>> SEC. 230. STUDY AND RECOMMENDATIONS REGARDING 
            GENERAL ACCOUNTING OFFICE, GOVERNMENT PRINTING OFFICE, AND 
            LIBRARY OF CONGRESS.

    (a) In General.--The Administrative Conference of the United States 
shall undertake a study of--
            (1) the application of the laws listed in subsection (b) 
        to--
                    (A) the General Accounting Office;
                    (B) the Government Printing Office; and
                    (C) the Library of Congress; and
            (2) the regulations and procedures used by the entities 
        referred to in paragraph (1) to apply and enforce such laws to 
        themselves and their employees.

    (b) Applicable Statutes.--The study under this section shall 
consider the application of the following laws:
            (1) Title VII of the Civil Rights Act of 1964 (42 U.S.C. 
        2000e et seq.), and related provisions of section 2302 of title 
        5, United States Code.
            (2) The Age Discrimination in Employment Act of 1967 (29 
        U.S.C. 621 et seq.), and related provisions of section 2302 of 
        title 5, United States Code.
            (3) The Americans with Disabilities Act of 1990 (42 U.S.C. 
        12101 et seq.), and related provisions of section 2302 of title 
        5, United States Code.
            (4) The Family and Medical Leave Act of 1993 (29 U.S.C. 2611 
        et seq.), and related provisions of sections 6381 through 6387 
        of title 5, United States Code.
            (5) The Fair Labor Standards Act of 1938 (29 U.S.C. 201 et 
        seq.), and related provisions of sections 5541 through 5550a of 
        title 5, United States Code.
            (6) The Occupational Safety and Health Act of 1970 (29 
        U.S.C. 651 et seq.), and related provisions of section 7902 of 
        title 5, United States Code.
            (7) The Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.).
            (8) Chapter 71 (relating to Federal service labor-management 
        relations) of title 5, United States Code.
            (9) The General Accounting Office Personnel Act of 1980 (31 
        U.S.C. 731 et seq.).
            (10) The Employee Polygraph Protection Act of 1988 (29 
        U.S.C. 2001 et seq.).
            (11) The Worker Adjustment and Retraining Notification Act 
        (29 U.S.C. 2101 et seq.).
            (12) Chapter 43 (relating to veterans' employment and 
        reemployment) of title 38, United States Code.

    (c) Contents of Study and Recommendations.--The study under this 
section shall evaluate whether the rights, protections, and procedures, 
including administrative and judicial relief, applicable to the entities 
listed in paragraph (1) of subsection (a) and their employees are 
comprehensive and effective and shall include recommendations for any 
improvements in regulations or legislation, including proposed 
regulatory or legislative language.
    (d) Deadline and Delivery of Study.--Not later than December 31, 
1996--
            (1) the Administrative Conference of the United States shall 
        prepare and complete the study and recommendations

[[Page 109 STAT. 24]]

        required under this section and shall submit the study and 
        recommendations to the Board; and
            (2) the Board shall transmit such study and recommendations 
        (with the Board's comments) to the head of each entity 
        considered in the study, and to the Congress by delivery to the 
        Speaker of the House of Representatives and President pro 
        tempore of the Senate for referral to the appropriate committees 
        of the House of Representatives and of the Senate.

                     TITLE III--OFFICE OF COMPLIANCE

<<NOTE: 2 USC 1381.>> SEC. 301. ESTABLISHMENT OF OFFICE OF COMPLIANCE.

    (a) Establishment.--There is established, as an independent office 
within the legislative branch of the Federal Government, the Office of 
Compliance.
    (b) Board of Directors.--The Office shall have a Board of Directors. 
The Board shall consist of 5 individuals appointed jointly by the 
Speaker of the House of Representatives, the Majority Leader of the 
Senate, and the Minority Leaders of the House of Representatives and the 
Senate. Appointments of the first 5 members of the Board shall be 
completed not later than 90 days after the date of the enactment of this 
Act.
    (c) Chair.--The Chair shall be appointed from members of the Board 
jointly by the Speaker of the House of Representatives, the Majority 
Leader of the Senate, and the Minority Leaders of the House of 
Representatives and the Senate.
    (d) Board of Directors Qualifications.--
            (1) Specific qualifications.--Selection and appointment of 
        members of the Board shall be without regard to political 
        affiliation and solely on the basis of fitness to perform the 
        duties of the Office. Members of the Board shall have training 
        or experience in the application of the rights, protections, and 
        remedies under one or more of the laws made applicable under 
        section 102.
            (2) Disqualifications for appointments.--
                    (A) Lobbying.--No individual who engages in, or is 
                otherwise employed in, lobbying of the Congress and who 
                is required under the Federal Regulation of Lobbying Act 
                to register with the Clerk of the House of 
                Representatives or the Secretary of the Senate shall be 
                eligible for appointment to, or service on, the Board.
                    (B) Incompatible office.--No member of the Board 
                appointed under subsection (b) may hold or may have held 
                the position of Member of the House of Representatives 
                or Senator, may hold the position of officer or employee 
                of the House of Representatives, Senate, or 
                instrumentality or other entity of the legislative 
                branch, or may have held such a position (other than the 
                position of an officer or employee of the General 
                Accounting Office Personnel Appeals Board, an officer or 
                employee of the Office of Fair Employment Practices of 
                the House of Representatives, or officer or employee of 
                the Office of Senate Fair Employment Practices) within 4 
                years of the date of appointment.
            (3) Vacancies.--A vacancy on the Board shall be filled in 
        the manner in which the original appointment was made.

[[Page 109 STAT. 25]]

    (e) Term of Office.--
            (1) In general.--Except as provided in paragraph (2), 
        membership on the Board shall be for 5 years. A member of the 
        Board who is appointed to a term of office of more than 3 years 
        shall only be eligible for appointment for a single term of 
        office.
            (2) First appointments.--Of the members first appointed to 
        the Board--
                    (A) 1 shall have a term of office of 3 years,
                    (B) 2 shall have a term of office of 4 years, and
                    (C) 2 shall have a term of office of 5 years, 1 of 
                whom shall be the Chair,
        as designated at the time of appointment by the persons 
        specified in subsection (b).

    (f) Removal.--
            (1) Authority.--Any member of the Board may be removed from 
        office by a majority decision of the appointing authorities 
        described in subsection (b), but only for--
                    (A) disability that substantially prevents the 
                member from carrying out the duties of the member,
                    (B) incompetence,
                    (C) neglect of duty,
                    (D) malfeasance, including a felony or conduct 
                involving moral turpitude, or
                    (E) holding an office or employment or engaging in 
                an activity that disqualifies the individual from 
                service as a member of the Board under subsection 
                (d)(2).
            (2) Statement of reasons for removal.--In removing a member 
        of the Board, the Speaker of the House of Representatives and 
        the President pro tempore of the Senate shall state in writing 
        to the member of the Board being removed the specific reasons 
        for the removal.

    (g) Compensation.--
            (1) Per diem.--Each member of the Board shall be compensated 
        at a rate equal to the daily equivalent of the annual rate of 
        basic pay prescribed for level V of the Executive Schedule under 
        section 5316 of title 5, United States Code, for each day
(including travel time) during which such member is engaged in the 
performance of the duties of the Board. The rate of pay of a member may 
be prorated based on the portion of the day during which the member is 
engaged in the performance of Board duties.
            (2)  Travel expenses.--Each member of the Board shall 
        receive travel expenses, including per diem in lieu of 
        subsistence, at rates authorized for employees of agencies under 
        subchapter I of chapter 57 of title 5, United States Code, for 
        each day the member is engaged in the performance of duties away 
        from the home or regular place of business of the member.

    (h) Duties.--The Office shall--
            (1) carry out a program of education for Members of Congress 
        and other employing authorities of the legislative branch of the 
        Federal Government respecting the laws made applicable to them 
        and a program to inform individuals of their rights under laws 
        applicable to the legislative branch of the Federal Government;
            (2) in carrying out the program under paragraph (1), 
        distribute the telephone number and address of the Office,

[[Page 109 STAT. 26]]

        procedures for action under title IV, and any other information 
        appropriate for distribution, distribute such information to 
        employing offices in a manner suitable for posting, provide such 
        information to new employees of employing offices, distribute 
        such information to the residences of covered employees, and 
        conduct seminars and other activities designed to educate 
        employing offices and covered employees; and
        <<NOTE: Records. Publication.>>     (3) compile and publish 
        statistics on the use of the Office by covered employees, 
        including the number and type of contacts made with the Office, 
        on the reason for such contacts, on the number of covered 
        employees who initiated proceedings with the Office under this 
        Act and the result of such proceedings, and on the number of 
        covered employees who filed a complaint, the basis for the 
        complaint, and the action taken on the complaint.

    (i) Congressional Oversight.--The Board and the Office shall be 
subject to oversight (except with respect to the disposition of 
individual cases) by the Committee on Rules and Administration and the 
Committee on Governmental Affairs of the Senate and the Committee on 
House Oversight of the House of Representatives.
    (j) Opening of Office.--The Office shall be open for business, 
including receipt of requests for counseling under section 402, not 
later than 1 year after the date of the enactment of this Act.
    (k) Financial Disclosure Reports.--Members of the Board and officers 
and employees of the Office shall file the financial disclosure reports 
required under title I of the Ethics in Government Act of 1978 with the 
Clerk of the House of Representatives.

<<NOTE: 2 USC 1382.>> SEC. 302. OFFICERS, STAFF, AND OTHER PERSONNEL.

    (a) Executive Director.--
            (1) Appointment and removal.--
                    (A) In general.--The Chair, subject to the approval 
                of the Board, shall appoint and may remove an Executive 
                Director. Selection and appointment of the Executive 
                Director shall be without regard to political 
                affiliation and solely on the basis of fitness to 
                perform the duties of the Office. The first Executive 
                Director shall be appointed no later than 90 days after 
                the initial appointment of the Board of Directors.
                    (B) Qualifications.--The Executive Director shall be 
                an individual with training or expertise in the 
                application of laws referred to in section 102(a).
                    (C) Disqualifications.--The disqualifications in 
                section 301(d)(2) shall apply to the appointment of the 
                Executive Director.
            (2) Compensation.--The Chair may fix the compensation of the 
        Executive Director. The rate of pay for the Executive Director 
        may not exceed the annual rate of basic pay prescribed for level 
        V of the Executive Schedule under section 5316 of title 5, 
        United States Code.
            (3) Term.--The term of office of the Executive Director 
        shall be a single term of 5 years, except that the first 
        Executive Director shall have a single term of 7 years.
            (4) Duties.--The Executive Director shall serve as the chief 
        operating officer of the Office. Except as otherwise specified 
        in this Act, the Executive Director shall carry out all of the 
        responsibilities of the Office under this Act.

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