OF COMPLAINT.

    (a) Employment.--If, after a formal complaint is filed under 
section 8 or in accordance with the procedures described in section 
12(a), 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 
executive director.
    (b) Information.--If, after a formal complaint is filed in 
accordance with the procedures described in section 11(a), the office 
of the legislative branch and the petitioner seeking information from 
the office resolve the issues involved, the petitioner may withdraw the 
complaint or the parties may enter into a written agreement, subject to 
the approval of the executive director.

SEC. 15. PROHIBITION OF INTIMIDATION.

    Any intimidation of, or reprisal against, a congressional employee 
by any Member or officer of the House of Representatives or of the 
Senate, any head of an employing office, or any congressional employee, 
as the case may be, because of the exercise of a right under this Act 
relating to a provision described in section 2, constitutes an unlawful 
employment practice, which may be remedied, except as provided in 
section 5(a), in the same manner under this Act as is a violation 
relating to such provision.

SEC. 16. CONFIDENTIALITY.

    (a) Counseling.--All counseling conducted under this Act 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 conducted under this Act shall be 
strictly confidential.
    (c) Hearings.--Except as provided in subsections (d) and (e), the 
hearings and deliberations of hearing boards (including any 
decisionmaker under procedures described in section 11(a) or 12(a)) 
shall be confidential.
    (d) Release of Records for Judicial Review.--The records of such 
hearing boards may be made public if required for the purpose of 
judicial review under section 9, 10, 11, or 12.
    (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 boards, including all written 
and oral testimony in the possession of the hearing boards, concerning 
a decision under section 8(g) or any decision or order issued after 
procedures described in section 11(a) or 12(a). The executive director 
shall not provide such access until the executive director has 
consulted with the individual filing the complaint at issue in the 
hearing, and until the hearing board has issued the decision.

SEC. 17. INSPECTIONS.

    (a) In General.--On a regular basis, and at least once during each 
Congress, the Office shall request that the Secretary of Labor and the 
Architectural and Transportation Barriers Compliance Board detail to 
the Office such personnel as may be necessary to inspect the facilities 
of the legislative branch of the Federal Government in order to ensure 
compliance with the Occupational Safety and Health Act of 1970, the 
Fair Labor Standards Act of 1938, and title II of the Americans with 
Disabilities Act of 1990.
    (b) Date and Scope of Inspections.--The Office shall determine the 
dates and scope of such inspections, in accordance with regulations 
issued in accordance with section 4.
    (c) Report.--After conducting such an inspection, the Office shall 
prepare and submit for publication in the Congressional Record a report 
containing information on the results of the inspection.

SEC. 18. COLLECTION OF INFORMATION.

    (a) Collection.--The executive director shall collect information 
with respect to complaints filed under section 8 or under procedures 
described in section 11(a) or 12(a), including--
            (1) the total number of such complaints;
            (2) the number of such complaints that allege--
                    (A) discrimination on the basis of race or color;
                    (B) discrimination on the basis of sex;
                    (C) discrimination on the basis of religion;
                    (D) discrimination on the basis of national origin;
                    (E) discrimination on the basis of disability;
                    (F) discrimination on the basis of age;
                    (G) a violation of the Fair Labor Standards Act of 
                1938;
                    (H) a violation of chapter 71 of title 5, United 
                States Code;
                    (I) a violation of the Occupational Safety and 
                Health Act of 1970;
                    (J) a violation of the Family and Medical Leave Act 
                of 1993;
                    (K) a violation of the Employee Polygraph 
                Protection Act of 1988;
                    (L) a violation of the Worker Adjustment and 
                Retraining Notification Act; or
                    (M) a violation of section 552 of title 5, United 
                States Code (commonly known as the ``Freedom of 
                Information Act''), or section 552a of title 5, United 
                States Code (commonly known as the ``Privacy Act of 
                1974'');
            (3) the number of such complaints that were resolved by--
                    (A) settlement;
                    (B) a decision following a hearing under section 8 
                or under procedures described in section 11(a) or 
                12(a); or
                    (C) withdrawal of the complaint, or other means; 
                and
            (4) for each category of allegations described in 
        subparagraphs (A) through (M) of paragraph (2)--
                    (A) the aggregate amount of monetary compensation 
                (including damages, equitable monetary relief, and 
                interest) awarded as a result of settlement;
                    (B) the aggregate amount of such monetary 
                compensation awarded as a result of a decision 
                described in paragraph (3)(B); and
                    (C) the aggregate amount of such monetary 
                compensation awarded as a result of withdrawal of the 
                complaint or other means.
    (b) Report.--
            (1) In general.--Not later than 2 years after the date of 
        enactment of this section, and every year thereafter, the 
        executive director shall prepare and submit for publication in 
        the Congressional Record a report containing the information 
        described in subsection (a).
            (2) Presentation of information in the aggregate.--In 
        preparing the reports described in paragraph (1), the executive 
        director shall not identify by name parties participating in 
        actions resulting from complaints described in subsection (a). 
        The reports shall present information collected under 
        subsection (a) in the aggregate.

SEC. 19. 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 issued under this 
Act.
    (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 any of paragraphs (1) through (4).

SEC. 20. OTHER REVIEW.

    No congressional employee may commence a judicial proceeding to 
redress practices prohibited under section 2 or 4, except as provided 
in this Act.

SEC. 21. SEVERABILITY.

    If any provision of this Act or the application of such provision 
to any person or circumstance is held to be unconstitutional, the 
remainder of this Act and the application of the provisions of such to 
any person or circumstance shall not be affected thereby.

SEC. 22. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this Act such 
sums as may be necessary for fiscal year 1995 and each subsequent 
fiscal year.

SEC. 23. 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)), 
                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) with respect to the application of a provision 
                described in paragraph (4), (5), (6), or (7) of section 
                2(a), section 2(c), or section 2(d), 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 Rules of the 
        House of Representatives, as in effect on the day before the 
        date of enactment of this Act. Such term shall only include an 
        applicant for employment with an entity of the House of 
        Representatives with respect to the application of a provision 
        described in paragraph (4), (5), (6), or (7) of section 2(a), 
        section 2(c), or section 2(d).
            (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) with respect to the application of a provision 
                described in paragraph (4), (5), (6), or (7) of section 
                2(a), section 2(c), or section 2(d), 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 congressional employment of a congressional 
        employee.
            (7) Instrumentality.--The term ``instrumentality'' means an 
        entity described in paragraph (2)(A).
            (8) Violation.--The term ``violation'' means a violation of 
        a provision listed in section 2 or a regulation that takes 
        effect under section 4(c).

                                 

S 2071 IS----2
S 2071 IS----3
S 2071 IS----4
Congressional Accountability Act - Makes specified Federal statutes (or provisions thereof) applicable to the offices and employees of the legislative branch of the Federal Government, including (with exceptions):  (1) the Fair Labor Standards Act of 1938 (FLSA); (2) the Occupational Safety and Health Act of 1970 (OSHA); (3) the Civil Rights Act of 1964; (4) the Age Discrimination in Employment Act of 1967; (5) the Americans with Disabilities Act of 1990 (ADA); (6) the Rehabilitation Act of 1973; (7) the Family and Medical Leave Act of 1993; (8) the Employee Polygraph Protection Act of 1988; (9) the Worker Adjustment and Retraining Notification Act; (10) the Freedom of Information Act (FOIA); (11) the Privacy Act of 1974 (Privacy Act); and (12) provisions governing Federal labor-management relations. 
(Sec. 3) Establishes in the legislative branch an Office of Compliance.  Provides for a Board of Directors:  (1) to issue regulations that specify the manner in which provisions of this Act shall be implemented to ensure compliance; (2) when proposing regulations, to recommend to the Congress any needed changes in or repeals of existing law to accommodate the application of such provision to its employees and offices; and (3) to study provisions of Federal law relating to employment, personnel actions, or availability of information to the public that are similar to such provision and that do not apply to congressional offices or employees, and recommend to the Congress whether any of those provisions should be applied to congressional offices or employees. 
Sets forth congressional disapproval procedures with respect to the issuance of regulations of, and rulemaking by, the Office.  Requires the Board to carry out a program to inform Members of Congress, congressional employees, and heads of congressional offices as to the provisions, including remedies, made applicable to the legislative branch. 
(Sec. 5) Sets forth procedures for consideration of alleged violations of civil rights and personnel requirements, including:  (1) step I, counseling; (2) step II, mediation; and (3) at the election of the employee alleging the violation, step IIIA, formal complaint and hearing by a hearing board, and step IV, judicial review of a hearing board decision by the U.S. Court of Appeals for the Federal Circuit, or step IIIB, a civil action in a U.S.  district court. 
(Sec. 11) Sets forth procedures for consideration of alleged violations relating to:  (1) information requirements; and (2) labor management and occupational health and safety requirements. 
(Sec. 13) Makes FOIA and the Privacy Act inapplicable to specified offices, including the personnel offices of Members of Congress, congressional committees, and the offices of any caucus or partisan organization related to the Congress. 
(Sec. 15) Treats intimidation of, or reprisal against, a congressional employee by any Member or officer of the Congress, any head of a congressional office, or any congressional employee, because of the exercise of a right under this Act, as an unlawful employment practice. 
(Sec. 16) Sets forth provisions regarding confidentiality with respect to counseling, mediation, hearings, release of records for judicial review, and access by congressional committees. 
(Sec. 17) Requires the Office, on a regular basis and at least once during each Congress, to request that the Secretary of Labor and the Architectural and Transportation Barriers Compliance Board detail to the Office such personnel as necessary to inspect the facilities of the legislative branch to ensure compliance with OSHA, FLSA, and ADA. 
(Sec. 18) Requires the executive director of the office (appointed by the chairperson of the Board) to:  (1) collect information with respect to complaints filed under this Act; and (2) submit for publication in the Congressional Record a report containing such information, without identifying parties by name. 
(Sec. 19) Specifies that it shall not be a violation to consider the party affiliation, domicile, or political compatibility with the employing office of an employee with respect to employment decisions issued under this Act. 
(Sec. 20) Prohibits a congressional employee from commencing a judicial proceeding to redress practices prohibited under this Act, except as provided in this Act. 
(Sec. 22) Authorizes appropriations.
Congressional Accountability Act