OF COMPLAINT.

    If, after a formal complaint is filed under section 8, or under the 
regulations described in section 10(c)(3), the employee and the head of 
the employing office resolve the issues involved, the employee may 
withdraw the complaint or the parties may enter into a written 
agreement, subject to the approval of the Director.

SEC. 12. PROHIBITION OF INTIMIDATION.

    (a) House of Representatives.--Any intimidation of, or reprisal 
against, an employee of the House of Representatives by any Member, 
officer, or employee of the House of Representatives, or by the 
Architect of the Capitol, or anyone employed by the Architect of the 
Capitol, as the case may be, because of the exercise of a right under 
this Act constitutes an unlawful employment practice, which may be 
remedied in the same manner under this Act as is a violation.
    (b) Senate.--Any intimidation of, or reprisal against, an employee 
of the Senate by any Member, officer, or employee of the Senate, or by 
the Architect of the Capitol, or anyone employed by the Architect of 
the Capitol, as the case may be, because of the exercise of a right 
under this Act constitutes an unlawful employment practice, which may 
be remedied in the same manner under this Act as is a violation.

SEC. 13. CONFIDENTIALITY.

    (a) Counseling.--All counseling shall be strictly confidential 
except that the Office and the employee may agree to notify the head of 
the employing office of the allegations.
    (b) Mediation.--All mediation shall be strictly confidential.
    (c) Hearings.--Except as provided in subsection (d), the hearings, 
deliberations, and decisions of the hearing board shall be 
confidential.
    (d) Release of Records for Judicial Review.--The records and 
decisions of hearing boards, and the decisions of the Office, may be 
made public if required for the purpose of judicial review under 
section 9 or section 10(d).

SEC. 14. POLITICAL AFFILIATION AND PLACE OF RESIDENCE.

    (a) In General.--It shall not be a violation to consider the--
            (1) party affiliation;
            (2) domicile; or
            (3) political compatibility with the employing office,
of an employee with respect to employment decisions.
    (b) Definition.--For purposes of subsection (a), the term 
``employee'' means--
            (1) a congressional employee on the staff of the leadership 
        of the House of Representatives or the leadership of the 
        Senate;
            (2) a congressional employee on the staff of a committee or 
        subcommittee of--
                    (A) the House of Representatives; or
                    (B) the Senate;
            (3) a congressional 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 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, other than 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 paragraphs (1) through (4).

SEC. 15. OTHER REVIEW.

    No Congressional employee may commence a judicial proceeding to 
redress practices prohibited under section 4, except as provided in 
this Act.

SEC. 16. TECHNICAL AND CONFORMING AMENDMENTS.

    (a) Civil Rights Act of 1991.--
            (1) Presidential and state employees.--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 right 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 of this title.

``SEC. 302. DISCRIMINATORY PRACTICES PROHIBITED.

    ``All personnel actions affecting the appointees described in 
section 303(a)(1) or the individuals described in section 304(a) 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) handicap or disability, within the meaning of section 
        501 of the Rehabilitation Act of 1973 (29 U.S.C. 791) and 
        sections 102-104 of the Americans with Disabilities Act of 1990 
        (42 U.S.C. 12112-14).''.
            (2) Repeals.--Section 117, sections 303 through 319, and 
        sections 322, 324, and 325 of the Civil Rights Act of 1991 (2 
        U.S.C. 60l, and 1203 et seq.) are repealed.
            (3) Redesignation.--Sections 320 and 321 of the Civil 
        Rights Act of 1991 (2 U.S.C. 1219 and 1220) are redesignated as 
        sections 303 and 304, respectively.
    (b) Rule of the House of Representatives.--Rule LI of the House of 
Representatives is repealed.
    (c) Fair Labor Standards Amendments of 1989.--Section 8 of the Fair 
Labor Standards Amendments of 1989 (29 U.S.C. 60k) is repealed.
    (d) 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.

SEC. 17. DEFINITIONS.

    As used in this Act:
            (1) Congressional employee.--The term ``congressional 
        employee'' means--
                    (A) an employee of the House of Representatives;
                    (B) an employee of the Senate; and
                    (C) an employee of an instrumentality.
            (2) Employee of an instrumentality.--The term ``employee of 
        an instrumentality'' means--
                    (A) an employee of the Architect of the Capitol 
                (except an employee described in paragraph (3) or 
                (4)(B)), the Congressional Budget Office, the General 
                Accounting Office, the Government Printing Office, the 
                Library of Congress, the Office of Technology 
                Assessment, or the United States Botanic Garden;
                    (B) any applicant for a position that will last 90 
                days or more and that is to be occupied by an 
                individual described in subparagraph (A); or
                    (C) any individual who was formerly an employee 
                described in subparagraph (A) and whose claim of a 
                violation arises out of the employment of the 
                individual by an instrumentality described in 
                subparagraph (A).
            (3) Employee of the house of representatives.--The term 
        ``employee of the House of Representatives'' means an 
        individual who was eligible to file a formal complaint with the 
        Office of Fair Employment Practice of the House of 
        Representatives under clause 6 of rule LI of the House of 
        Representatives, as in effect on the day before the date of 
        enactment of this Act.
            (4) Employee of the senate.--The term ``employee of the 
        Senate'' means--
                    (A) any employee whose pay is disbursed by the 
                Secretary of the Senate;
                    (B) any employee of the Architect of the Capitol 
                who is assigned to the Senate Restaurants or to the 
                Superintendent of the Senate Office Buildings;
                    (C) any applicant for a position that will last 90 
                days or more and that is to be occupied by an 
                individual described in subparagraph (A) or (B); or
                    (D) any individual who was formerly an employee 
                described in subparagraph (A) or (B) and whose claim of 
                a violation arises out of the individual's Senate 
                employment.
            (5) Employing office.--The term ``employing office'' means 
        the office headed by a head of an employing office.
            (6) Head of an employing office.--The term ``head of an 
        employing office'' means the individual who has final authority 
        to appoint, hire, discharge, and set the terms, conditions or 
        privileges of the Senate employment of an employee.
            (7) Violation.--The term ``violation'' means a violation of 
        a regulation that takes effect under section 4(c).

                                 

S 1439 IS----2
S 1439 IS----3
Congressional Accountability Act - Makes any provision of Federal law applicable to each employing office and each congressional employee to the extent that it relates to:  (1) the terms and conditions of employment (including hiring, promotion or demotion, salary and wages, overtime compensation, benefits, work assignments or reassignments, termination, and family and medical leave) of employees; (2) protection from discrimination in personnel actions, including discrimination based on race, color, religion, sex (including marital and parental status), or national origin within the meaning of the Civil Rights Act of 1964, age within the meaning of the Age Discrimination in Employment Act of 1967, or handicap or disability within the meaning of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990; or (3) the health and safety of employees. 
Makes applicable to each office of the legislative branch of the Federal Government and the information in the possession of such office, with specified exceptions, any provision of Federal law, including the Freedom of Information Act and the Privacy Act of 1974, to the extent it relates to the availability of information to the public. 
Establishes an Office of Compliance, in the legislative branch for the Congress, to study and report to the Congress on the application of such laws. 
Sets forth provisions relating to congressional procedures for approval of the Office's regulations. 
Requires the Board of Directors of the Office to carry out an information program to inform Members of Congress, congressional employees, and heads of employing offices of the provisions, including remedies, of the laws applicable to the Congress under this Act. 
Requires the procedure for consideration of alleged violations of such laws to consist of the following steps:  (1) counseling; (2) mediation; (3) formal complaint and hearing by a hearing board; and (4) judicial review of a hearing board's decision. 
Declares that any intimidation of, or reprisal against, any employee because of the exercise of a right under this Act constitutes an unlawful employment practice that may be remedied in the same manner under this Act as is a violation of a law made applicable to the Congress. 
Requires the records and decisions of hearing boards and the decisions of the Office to be made public if required for judicial review. 
Limits a congressional employee to the judicial proceeding provided by this Act to redress prohibited practices.
Congressional Accountability Act