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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4822 Introduced in House (IH)]

103d CONGRESS
  2d Session
                                H. R. 4822

   To make certain laws applicable to the legislative branch of the 
                          Federal Government.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             July 25, 1994

 Mr. Shays (for himself, Mr. Swett, Mr. Dickey, Mr. Mann, Mrs. Fowler, 
 Mr. McHale, Mr. Bartlett of Maryland, Mr. Torkildsen, Mr. McKeon, Ms. 
 Shepherd, and Mr. Fingerhut) introduced the following bill; which was 
 referred jointly to the Committees on House Administration, Education 
       and Labor, Government Operations, Rules, and the Judiciary

_______________________________________________________________________

                                 A BILL

 
   To make certain laws applicable to the legislative branch of the 
                          Federal Government.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Congressional Accountability Act''.

SEC. 2. DEFINITIONS.

    As used in this Act:
            (1) Congressional employee.--The term ``congressional 
        employee'' means--
                    (A) an individual on the payroll of an employing 
                office of the House of Representatives;
                    (B) an individual on the payroll of an employing 
                office of the Senate;
                    (C) an individual on the payroll of an employing 
                office of the Architect of the Capitol; and
                    (D) an individual on the payroll of an employing 
                office of an instrumentality.
            (2) Employee in the house of representatives.--The term 
        ``individual on the payroll of an employing office in the House 
        of Representatives'' means--
                    (A) an individual who is covered under Rule LI of 
                the House of Representatives, as in effect on the day 
                before the date of enactment of this Act;
                    (B) any applicant for a position 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 individual's employment.
            (3) Employee in the senate.--The term ``individual on the 
        payroll of an employing office in the Senate'' means--
                    (A) any employee whose pay is disbursed by the 
                Secretary of the Senate;
                    (B) any applicant for a position 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 individual's employment.
            (4) Employee of the architect of the capitol.--The term 
        ``individual on the payroll of an employing office of the 
        Architect of the Capitol'' means--
                    (A) an employee of the Architect of the Capitol or 
                an individual within the administrative jurisdiction of 
                the Architect of the Capitol if such employee or 
                individual is paid from funds under a law providing 
                appropriations for the legislative branch;
                    (B) any applicant for a position that is to be 
                occupied by an employee or individual described in 
                subparagraph (A); or
                    (C) any individual who was formerly an employee or 
                individual described in subparagraph (A) and whose 
                claim of a violation arises out of the individual's 
                employment.
            (5) Employee of an instrumentality.--The term ``individual 
        on the payroll of an employing office of an instrumentality'' 
        means--
                    (A) any individual on the payroll of an 
                instrumentality of the legislative branch of the 
                Federal Government;
                    (B) any applicant for a position 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 individual's 
                instrumentality employment.

SEC. 3. APPLICATION OF LAWS.

    (a) Laws Which Will Apply.--On the date regulations under section 
5(b)(1) to implement the results of the study under section 5(a)(1)(A) 
take effect, the following laws shall apply, in accordance with section 
5, 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 (other 
        than section 19) (29 U.S.C. 651 et seq.).
            (7) Chapter 71 (relating to Federal 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. 791).
            (11) Section 552 (relating to public information) of title 
        5, United States Code.
            (12) Section 552a (relating to privacy) of title 5, United 
        States Code.
The laws referred to in this subsection which apply now to 
congressional employees shall continue to apply to such employees until 
the effective date such laws are made applicable in accordance with 
section 5.
    (b) Laws Which May Be Made Applicable.--Any provision of Federal 
law shall, 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--
                    (A) race, color, religion, sex (including marital 
                and parental status), or national origin within the 
                meaning of section 717 of the Civil Rights Act of 1964 
                (42 U.S.C. 20003-16),
                    (B) age within the meaning of section 13 of the Age 
                Discrimination in Employment Act of 1967 (29 U.S.C. 
                633a), or
                    (C) handicap or 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), and
            (3) the health and safety of employees,
apply to the legislative branch of the Federal Government in accordance 
with section 5.

SEC. 4. OFFICE OF COMPLIANCE.

    (a) Establishment.--There is established in the legislative branch 
an Office of Compliance (hereinafter in this Act referred to as the 
``Office'').
    (b) Composition.--
            (1) Board of directors.--The Office shall have a Board of 
        Directors. The Board of Directors shall consist of 8 
        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 8 members of the Board of 
        Directors shall be completed not later than 120 days after the 
        date of the enactment of this Act.
            (2) Executive director.--The Chairperson of the Board of 
        Directors shall--
                    (A) appoint,
                    (B) establish the compensation of, and
                    (C) terminate,
        an executive director (referred to in this Act as the 
        ``executive director''), subject to the approval of the Board 
        of Directors. The compensation of 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.
    (c) Board of Directors Qualifications.--
            (1) In general.--The members of the Board of Directors 
        shall be individuals with training or expertise in--
                    (A) the application of the laws referred to in 
                section 3 to employment, and
                    (B) employment in the Congress.
            (2) Specific qualifications.--
                    (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 
                considered eligible for appointment to, or service on, 
                the Board of Directors.
                    (B) Office.--No member of the Board of Directors 
                appointed under subsection (b)(1) may hold or may have 
                held the position of Member of the House of 
                Representatives, Senator, or employee of the House of 
                Representatives or the Senate.
            (3) Holding office.--If during a term of office a member of 
        the Board of Directors engages in an activity described in 
        paragraph (2)(A), such position shall be declared vacant and a 
        successor shall be selected in accordance with subsection 
        (b)(1).
            (4) Vacancies.--A vacancy in the Board of Directors shall 
        be filled in the manner in which the original appointment was 
        made.
    (d) Board of Directors Term of Office.--
            (1) In general.--Except as provided in paragraph (2), 
        membership on the Board of Directors shall be for 5 years. A 
        member shall only be eligible for appointment for a single term 
        of office.
            (2) First appointments.--Of the members first appointed to 
        the Board of Directors--
                    (A) 2 shall have a term of office of 2 years,
                    (B) 2 shall have a term of office of 3 years,
                    (C) 2 shall have a term of office of 4 years, and
                    (D) 2 shall have a term of office of 5 years,
        as designated at the time of appointment by the persons 
        specified in subsection (b)(1).
    (e) Chairperson.--The Chairperson of the Board of Directors shall 
be appointed from the members of the Board of Directors by the members 
of the Board.
    (f) Compensation of Members.--
            (1) Per diem.--Each member of the Board of Directors 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.
            (2)  Travel expenses.--Each member of the Board of 
        Directors 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.
    (g) Office Staff.--The executive director may appoint and fix the 
compensation of such staff, including hearing officers, as are 
necessary to carry out this Act.
    (h)  Detailees.--The executive director may, with the prior consent 
of the Government department or agency concerned, use the services of 
any such department or agency, including the services of members or 
personnel of the General Accounting Office Personnel Appeals Board.
    (i)  Consultants.--In carrying out this Act, the executive director 
may procure the temporary (not to exceed 1 year) or intermittent 
services of individual consultants or organizations thereof.

SEC. 5. STUDY AND REGULATIONS.

    (a) Initial Action.--The Board of Directors shall conduct a study 
of the manner in which the laws made applicable to the legislative 
branch of the Federal Government under section 3(a) should apply and 
include in the study an examination of the procedures used by the 
instrumentalities to enforce the application of such laws and a 
determination as to whether such procedures may be used in lieu of 
sections 7 through 12. The Board of Directors shall complete such study 
and report the results to Congress not later than 180 days after the 
date of the first appointment of all the members of the Board of 
Directors.
    (b) Continuing Action.--On an ongoing basis the Board of 
Directors--
            (1) shall determine which of the laws referred to in 
        section 3(b) should apply to the legislative branch of the 
        Federal Government and if it should, the manner in which it 
        should be made applicable;
            (2) shall study the application to the legislative branch 
        of the Federal Government of provisions of Federal law referred 
        to in section 3 that are enacted after the date of the 
        enactment of this Act; and
            (3) may propose regulations with respect to such 
        application in accordance with subsection (b).
    (c) Regulations.--
            (1) Laws made applicable.--
                    (A) General rule.--Not later than 180 days after 
                the date of the completion of the study under 
                subsection (a)(1), the Board of Directors shall, in 
                accordance with section 553 of title 5, United States 
                Code, propose regulations that specify the manner in 
                which the laws made applicable to the legislative 
                branch of the Federal Government under section 3(a) 
                shall apply. The Board of Directors shall provide a 
                period of at least 30 days for comment on the proposed 
                regulations.
                    (B) Congressional notice.-- In addition to 
                publishing a general notice of proposed rulemaking 
                under section 553(b) of title 5, United States Code, 
                the Board of Directors shall concurrently submit such 
                notice for publication in the Congressional Record.
                    (C) Amendments and repeals.--When proposing 
                regulations under subparagraph (A) specifying the 
                manner in which a law referred to in section 3(a) shall 
                apply to the legislative branch of the Federal 
                Government, the Board of Directors shall recommend to 
                the Congress changes in or repeals of existing law to 
                accommodate the application of such law to the 
                legislative branch of the Federal Government.
                    (D) Final regulations.--The Board of Directors 
                shall, in accordance with such section 553, issue final 
                regulations not later than 60 days after the end of the 
                comment period on the proposed regulations.
            (2) Continuing action.--
                    (A) General rule.--Not later than 180 days after 
                the date of the completion of the study or a 
                determination under subsection (b), the Board of 
                Directors shall, in accordance with section 553 of 
                title 5, United States Code, propose regulations that 
                specify which of the provisions of Federal law 
                considered in such study shall apply to the legislative 
                branch of the Federal Government. The Board of 
                Directors shall provide a period of at least 30 days 
                for comment on the proposed regulations.
                    (B) Congressional notice.-- In addition to 
                publishing a general notice of proposed rulemaking 
                under section 553(b) of title 5, United States Code, 
                the Board of Directors shall concurrently submit such 
                notice for publication in the Congressional Record.
                    (C) Amendments and repeals.--When proposing 
                regulations under subparagraph (A) specifying which of 
                the provisions of Federal law referred to in section 
                3(b) shall apply to the legislative branch of the 
                Federal Government, the Board of Directors shall 
                recommend to the Congress changes in or repeals of 
                existing law to accommodate the application of such law 
                to the legislative branch of the Federal Government.
                    (D) Final regulations.-- The Board of Directors 
                shall, in accordance with such section 553, issue final 
                regulations not later than 60 days after the end of the 
                comment period on the proposed regulations.
            (3) Regulation requirements.--Regulations under paragraphs 
        (1) and (2) shall be consistent with the regulations issued by 
        an agency of the executive branch of the Federal Government 
        under the provision of law made applicable to the legislative 
        branch of the Federal Government, including portions relating 
        to remedies.
    (d) Transmittal.--A final regulation issued under subsection (c) 
shall be transmitted to the Congress for consideration under subsection 
(e).
    (e) Taking Effect of Regulations.--
            (1) General rule.--Subject to subsection (f), a final 
        regulation which is issued under subsection (c) shall take 
        effect upon the expiration of 60 days from the date the final 
        regulation is issued unless disapproved by the Congress by 
        concurrent resolution.
            (2) Concurrent resolution.--A concurrent resolution 
        referred to in paragraph (1) shall be introduced in the House 
        of Representatives or the Senate after the date on which the 
        Board of Directors issues the final regulation to which the 
        concurrent resolution applies. The matter after the resolving 
        clause of the resolution shall be as follows: ``That Congress 
        disapproves the issuance of final regulations of the Office of 
        Compliance as issued on ____________ (the blank space being 
        appropriately filled in).''.
    (f) Implementing Bills.--When a regulation issued under subsection 
(c)(1) or (c)(2) takes effect under subsection (e), the majority leader 
of the House of Representatives and the majority leader of the Senate 
shall introduce implementing bills on the date such regulation takes 
effect.
    (g) Procedure for Action by Congress.--
            (1) Definition.--For purposes of subsection (f) and this 
        subsection, the term ``implementing bill'' means--
                    (A) in the case of a bill introduced after the 
                transmittal to Congress of a regulation under 
                subsection (c)(1) which prescribes the manner in which 
                a law made applicable to the legislative branch of the 
                Federal Government under section 5 shall apply, a bill 
                which prescribes, consistent with such regulation and 
                any recommendation made under subsection (c)(1)(C) and 
                without substantive change, the manner in which such 
                law shall apply; and
                    (B) in the case of a bill introduced after the 
                transmittal to Congress of a regulation under 
                subsection (c)(2) which prescribes which law shall 
                apply to the legislative branch of the Federal 
                Government and which prescribes the manner in which 
                such law shall apply, a bill which prescribes, 
                consistent with such regulation and any recommendation 
                made under subsection (c)(1)(C) and without substantive 
                change, that such law shall apply to the legislative 
                branch of the Federal Government and the manner in 
                which such law shall apply.
            (2) Referral.--When an implementing bill is introduced it 
        shall be referred to the committee with jurisdiction over the 
        law covered by the implementing bill.
            (3) Amendments prohibited.--No amendment to an implementing 
        bill shall be in order in either the House of Representatives 
        or the Senate; and no motion to suspend the application of this 
        subsection shall be in order in either House, nor shall it be 
        in order in either House for the Presiding Officer to entertain 
        a request to suspend the application of this subsection by 
        unanimous consent.
            (4) Period for committee and floor consideration.--
                    (A) General rule.--Except as provided in 
                subparagraph (B), if the committee or committees of 
                either House to which an implementing bill has been 
                referred have not reported it at the close of the 45th 
                day after its introduction, such committee or 
                committees shall be automatically discharged from 
                further consideration of the bill and it shall be 
                placed on the appropriate calendar. A vote on final 
                passage of the bill shall be taken in each House on or 
                before the close of the 15th day after the bill 
                reported by the committee or committees of that House 
                to which it was referred, or after such committee or 
                committees have been discharged from further 
                consideration of the bill. If prior to the passage by 
                one House of an implementing bill of that House, that 
                House receives the same implementing bill from the 
                other House, then--
                            (i) the procedure in that House shall be 
                        the same as if no implementing bill had been 
                        received from the other House; but
                            (ii) the vote on final passage shall be on 
                        the implementing bill of the other House.
                    (B) Senate.--The provisions of subparagraph (A) 
                shall not apply in the Senate to an implementing bill. 
                An implementing bill received from the House shall be 
                referred to the appropriate committee or committees of 
                the Senate. If such committee or committees have not 
                reported such bill at the close of the 15th day after 
                its receipt by the Senate (or, if later, before the 
                close of the 45th day after the corresponding 
                implementing bill was introduced in the Senate), such 
                committee or committees shall be automatically 
                discharged from further consideration of such bill and 
                it shall be placed on the calendar. A vote on final 
                passage of such bill shall be taken in the Senate on or 
                before the close of the 15th day after such bill is 
                reported by the committee or committees of the Senate 
                to which it was referred, or after such committee or 
                committees have been discharged from further 
                consideration of such bill.
                    (C) Number of days.--For purposes of subparagraphs 
                (A) and (B), in computing a number of days in either 
                House, there shall be excluded any day on which that 
                House was not in session.
            (5) Floor consideration in the house.--
                    (A) Privileges.--A motion in the House of 
                Representatives to proceed to the consideration of an 
                implementing bill shall be highly privileged and not 
                debatable. An amendment to the motion shall not be in 
                order, nor shall it be in order to move to reconsider 
                the vote by which the motion is agreed to or disagreed 
                to.
                    (B) Time.--Debate in the House of Representatives 
                on an implementing bill shall be limited to not more 
                than 20 hours, which shall be divided equally between 
                those favoring and those opposing the bill. A motion 
                further to limit debate shall not be debatable. It 
                shall not be in order to move to recommit an 
                implementing bill or to move to reconsider the vote by 
                which an implementing bill is agreed to or disagreed 
                to.
                    (C) Postponement.--Motions to postpone, made in the 
                House of Representatives with respect to the 
                consideration of an implementing bill, and motions to 
                proceed to the consideration of other business, shall 
                be decided without debate.
                    (D) Appeals.--All appeals from the decisions of the 
                Chair relating to the application of the Rules of the 
                House of Representatives to the procedure relating to 
                an implementing bill shall be decided without debate.
                    (E) Other rules.--Except to the extent specifically 
                provided in the preceding provisions of this 
                subsection, consideration of an implementing bill shall 
                be governed by the Rules of the House of 
                Representatives applicable to other bills in similar 
                circumstances.
            (6) Floor consideration in the senate.--
                    (A) Privileges.--A motion in the Senate to proceed 
                to the consideration of an implementing bill shall be 
                privileged and not debatable. An amendment to the 
                motion shall not be in order, nor shall it be in order 
                to move to reconsider the vote by which the motion is 
                agreed to or disagreed to.
                    (B) Bill time.--Debate in the Senate on an 
                implementing, and all debatable motions and appeals in 
                connection therewith, shall be limited to not more than 
                20 hours. The time shall be equally divided between, 
                and controlled by, the majority leader and the minority 
                leader or their designees.
                    (C) Motion or appeal time.--Debate in the Senate on 
                any debatable motion or appeal in connection with the 
                implementing bill shall be limited to not more than 1 
                hour, to be equally divided between, and controlled by, 
                the mover and the manager of the bill, except that in 
                the event the manager of the bill is in favor of any 
                such motion or appeal, the time in opposition thereto, 
                shall be controlled by the minority leader or his 
                designee. Such leaders, or either of them, may, from 
                time to time under their control on the passage of an 
                implementing bill or approval resolution, allot 
                additional time to any Senator during the consideration 
                of any debatable motion or appeal.
                    (D) Other motions.--A motion in the Senate to 
                further limit debate is not debatable. A motion to 
                recommit an implementing bill or approval resolution is 
                not in order.

SEC. 6. OTHER FUNCTIONS.

    (a) Rules of the Office.--The executive director shall adopt rules 
governing the procedures of the Office, including the procedures of 
hearing boards, which shall be submitted for publication in the 
Congressional Record. The rules may be amended in the same manner. The 
executive director may consult with the Chairman of the Administrative 
Conference of the United States, the Legal Counsel of the Senate, and 
the General Counsel of the House of Representatives on the adoption of 
rules.
    (b) Investigative Authority.--The executive director shall have 
authority to conduct such investigations as the executive director 
requires to implement sections 8 through 10 and section 12.
    (c) 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 and under sections 7 through 12,
            (2) in carrying out the program under paragraph (1), 
        distribute the telephone number and address of the Office, 
        procedures for action under sections 7 through 12, and any 
        other information the executive director deems appropriate for 
        distribution, distribute such information to Members of 
        Congress and other employing authorities of the legislative 
        branch of the Federal Government in a manner suitable for 
        posting, provide such information to new employees of the 
        legislative branch of the Federal Government, distribute such 
        information to the residences of congressional employees, and 
        conduct seminars and other activities designed to educate 
        employers and employees in such information,
            (3) compile and publish statistics on the use of the Office 
        by congressional employees, including the number and type of 
        contacts made with the Office, on the reason for such contacts, 
        on the number of employees who initiated proceedings with the 
        Office under sections 7 through 12 and the result of such 
        proceedings, and on the number of employees who filed a 
        complaint under section 10, the basis for the complaint, and 
        the action taken on the complaint, and
            (4) within 180 days of the initial appointment of the 
        executive director and in conjunction with the Clerk of the 
        House of Representatives and the Secretary of the Senate, 
        develop a system for the collection of demographic data 
        respecting the composition of the congressional employees, 
        including race, sex, and wages, and a system for the collection 
        of information on employment practices, including family leave 
        and flexible work hours, in Congressional offices.

SEC. 7. PROCEDURE FOR CONSIDERATION OF ALLEGED VIOLATIONS.

    The procedure for consideration of alleged violations of laws made 
applicable to the legislative branch of the Federal Government under 
the regulation promulgated under section 5(b) applicable to such laws 
or under laws enacted under section 5(f) applicable to such laws, 
whichever are in effect, consists of 4 steps as follows:
            (1) Step I, counseling, as set forth in section 8.
            (2) Step II, mediation, as set forth in section 9.
            (3) Step III, formal complaint and hearing by a hearing 
        board, as set forth in section 10.
            (4) Step IV, judicial review if a Congressional employee is 
        aggrieved by a dismissal under section 10(c), a final decision 
        under section 10(g), or an order under section 10(h) or if a 
        Member of the House of Representatives or a Senator is 
        aggrieved by a final decision under section 10(g) or would be 
        subject to an order issued under section 10(h).

SEC. 8. STEP I: COUNSELING.

    (a) In General.--A congressional employee alleging a violation of a 
law made applicable to the legislative branch of the Federal Government 
under section 5 may request counseling through 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 alleged violation forming the basis 
of the request for counseling occurred.
    (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.

SEC. 9. STEP II: MEDIATION.

    (a) In General.--Not later than 15 days after the end of the 
counseling period under section 8, the employee who alleged a violation 
of a law made applicable to the legislative branch of the Federal 
Government under section 5 may file a request for mediation with the 
Office. Mediation--
            (1) may include the Office, the employee, the employing 
        office, and individuals who are recommended by organizations 
        composed primarily of individuals experienced in adjudicating 
        or arbitrating personnel matters, and
            (2) shall be a process involving meetings with the parties 
        separately or jointly for the purpose of resolving the dispute 
        between the employee and the employing office.
    (b) Mediation Period.--The mediation period shall be 30 days 
beginning on the date the request for mediation is received and may be 
extended for an additional 30 days at the discretion of the Office. The 
Office shall notify the employee and the head of the employing office 
when the mediation period has ended. For purposes of this section, the 
term ``head of 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 an employee.

SEC. 10. STEP III: FORMAL COMPLAINT AND HEARING.

    (a) Formal Complaint and Request for Hearing.--Not later than 30 
days after receipt by the congressional employee of notice from the 
Office of the end of the mediation period under section 9, the 
congressional employee may file a formal complaint with the Office. No 
complaint may be filed unless the employee has made a timely request 
for counseling and has completed the procedures set forth in sections 8 
and 9.
    (b) Hearing Board.--A board of 3 independent hearing officers 
(hereinafter in this Act referred to as a ``hearing board''), who are 
not Members of the House of Representatives, Senators, or officers or 
employees of the House of Representatives or Senate, chosen by the 
executive director (one of whom shall be designated by the executive 
director as the presiding hearing officer) shall be assigned to 
consider each complaint filed under subsection (a). The executive 
director shall appoint hearing officers from candidates who are 
recommended by the Federal Mediation and Conciliation Service, the 
Administrative Conference of the United States, or organizations 
composed primarily of individuals experienced in adjudicating or 
arbitrating personnel matters. A hearing board shall act by majority 
vote.
    (c) Dismissal of Frivolous Claims.--Prior to a hearing under 
subsection (d), a hearing board may dismiss any claim that it finds to 
be frivolous.
    (d) Hearing.--A hearing shall be conducted--
            (1) in closed session on the record by a hearing board; and
            (2) no later than 30 days after filing of the complaint 
        under subsection (a), except that the Office may, for good 
        cause, extend up to an additional 60 days the time for 
        conducting a hearing.
    (e) Discovery.--Reasonable prehearing discovery may be permitted at 
the discretion of the hearing board.
    (f) Subpoena Power.--
            (1) In general.--A hearing board may authorize subpoenas, 
        which shall be issued by the presiding hearing officer on 
        behalf of the hearing board under, in a matter involving the 
        House of Representatives, the seal of the House of 
        Representatives, for the attendance of witnesses at proceedings 
        of the hearing board and for the production of correspondence, 
        books, papers, documents, and other records. The attendance of 
        witnesses and the production of evidence may be required from 
        any place within the United States.
            (2) Failure to obey a subpoena.--If a person refuses to 
        obey a subpoena issued under paragraph (1), the hearing board 
        may apply to a United States district court for an order 
        requiring that person to appear before the hearing board to 
        give testimony, produce evidence, or both, relating to the 
        matter under investigation. 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 the order of the court may be punished by the 
        court as civil contempt.
            (3) Service of subpoenas.--The subpoenas of the hearing 
        board shall be served in the manner provided for subpoenas 
        issued by a United States district court under the Federal 
        Rules of Civil Procedure for the United States district courts.
            (4) Service of process.--All process of any court to which 
        application is to be made under paragraph (2) may be served in 
        the judicial district in which the person required to be served 
        resides or may be found.
            (5) Immunity.--The hearing board is an agency of the United 
        States for the purpose of part V of title 18, United States 
        Code (relating to immunity of witnesses).
    (g) Hearing Board Decision.--As expeditiously as possible, but in 
no case more than 45 days after the conclusion of the hearing, the 
hearing board shall make a decision in the matter for which the hearing 
was held. The decision of the hearing board shall be transmitted by the 
Office to the employee and the employing office. The decision shall 
state the issues raised by the complaint, describe the evidence in the 
record, and contain a determination as to whether a violation of a law 
made applicable to the legislative branch of the Federal Government 
under section 5 has occurred. Any decision of the hearing board shall 
contain a written statement of the reasons for the hearing board's 
decision.
    (h) Remedy Order.--If the decision of the hearing board under 
subsection (g) is that a violation of a law made applicable to the 
legislative branch of the Federal Government under section 5, it shall 
order the remedies under such law as made applicable to the legislative 
branch of the Federal Government under section 5, except that no Member 
of the House of Representatives or Senator shall be personally liable 
for the payment of compensation. The hearing board shall have no 
authority to award punitive damages. The entry of an order under 
subsection shall constitute a final decision for purposes of judicial 
review under section 11.
    (i) Funds.--There shall be established in the House of 
Representatives and in the Senate a fund from which compensation 
(including attorney's fees) may be paid in accordance with an order 
under subsection (h) or as a result of judicial review under section 
11. From the outset of any proceeding in which compensation may be paid 
from a fund of the House of Representatives, the General Counsel of the 
House of Representatives may provide the respondent with 
representation.

SEC. 11. JUDICIAL REVIEW.

    (a) In General.--
            (1) Types of review.--Following any hearing under section 
        10 on a complaint relating to a provision of law described in 
        section 3(a), any congressional employee aggrieved by a 
        dismissal of a claim under section 10(c), a final decision 
        under section 10(g), a final order under section 10(h), or any 
        Member of the House of Representatives or Senator aggrieved by 
        a final decision under section 10(g) or a final order under 
        section 10(h), may--
                    (A) bring a civil action in a district court of the 
                United States for a de novo review of such dismissal or 
                of the alleged violation of law with respect to which 
                such decision or order was issued if the law applicable 
                to such dismissal or violation authorizes such a 
                review, or
                    (B) petition for review by the United States Court 
                of Appeals for the Federal Circuit.
        If in an action brought under subparagraph (A) a court 
        determines that a dismissal was not authorized or a violation 
        of law occurred, the court may only enter an order described in 
        section 10(h).
            (2) Provisions applicable to review by court of appeals.--
        The following provisions apply to a review under paragraph 
        (1)(B):
                    (A) Law applicable.--Chapter 158 of title 28, 
                United States Code, shall apply-
                            (i) with respect to section 2344 of title 
                        28, United States Code, service of the petition 
                        shall be on the House or Senate Legal Counsel, 
                        or the appropriate entity of an 
                        instrumentality, as the case may be, rather 
                        than on the Attorney General;
                            (ii) the provisions of section 2348 of 
                        title 28, United States Code, on the authority 
                        of the Attorney General, shall not apply;
                            (iii) the petition for review shall be 
                        filed not later than 90 days after the entry in 
                        the Office of a final decision under section 
                        10(g), an order under section 10(h);
                            (iv) the Office shall be an ``agency'' as 
                        that term is used in chapter 158 of title 28, 
                        United States Code; and
                            (v) the Office shall be the respondent in 
                        any proceeding under subparagraph (A).
                    (B) Standard of review.--To the extent necessary to 
                decision and when presented, the court shall decide all 
                relevant questions of law and interpret constitutional 
                and statutory provisions. The court shall set aside a 
                dismissal under section 10(c), a final decision under 
                section 10(g), or an order under section 10(h) if it is 
                determined that the dismissal, decision, or order was--
                            (i) arbitrary, capricious, an abuse of 
                        discretion, or otherwise not consistent with 
                        law;
                            (ii) not made consistent with required 
                        procedures; or
                            (iii) unsupported by substantial evidence.
                    (C) Record.--In making determinations under 
                subparagraph (B), 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. The record on review shall include the record 
                before the hearing board, the decision of the hearing 
                board, and the order of the hearing board.
            (3) Information.--Any petitioner seeking information from 
        an office of the legislative branch of the Federal Government 
        that is aggrieved by a final decision of the Office under 
        section 10(g), may petition for review of the decision by the 
        District Court of the United States for the District of 
        Columbia. Such review shall be conducted in accordance with 
        subparagraphs (B), (C), (E), (F), and (G) of section 552(a)(4) 
        of title 5, United States Code.
    (b) Attorney's Fees.--If a congressional employee is the prevailing 
party in a proceeding under this section, attorney's fees for the 
judicial proceeding may be allowed by the court in accordance with the 
standards prescribed under section 706(k) of the Civil Rights Act of 
1964 (42 U.S.C. 2000e-5(k)).

SEC. 12. RESOLUTION OF COMPLAINT.

    If, after a formal complaint is filed under section 10, 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.

SEC. 13. PROHIBITION OF INTIMIDATION.

    Any intimidation of, or reprisal against, any employee by any 
Member of the House of Representatives, Senator, or officer or employee 
of the House of Representatives or Senate, by the Architect of the 
Capitol or anyone employed by the Architect of the Capitol, or by an 
instrumentality of the legislative branch of the Federal Government 
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 of a law made applicable to the 
legislative branch of the Federal Government under section 5.

SEC. 14. 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 subsections (d) and (e), the 
hearings, deliberations, and decisions of the hearing board shall be 
confidential.
    (d) Release of Records for Judicial Action.--The records and 
decisions of hearing boards may be made public if required for the 
purpose of judicial action under section 9.
    (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 10(g). 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.
    (f) Coordination.--The executive director shall coordinate the 
executive director's proceedings with the Committee on Standards and 
Official Conduct of the House of Representatives and the Select 
Committee on Ethics of the Senate to ensure effectiveness, to avoid 
duplication, and to prevent penalizing cooperation by respondents in 
the respective proceedings.

SEC. 15. POLITICAL AFFILIATION AND PLACE OF RESIDENCE.

    (a) In General.--It shall not be a violation of a law made 
applicable to the legislative branch of the Federal Government under 
section 5 to consider the--
            (1) party affiliation,
            (2) domicile, or
            (3) political compatibility with the employing office,
of a congressional employee with respect to employment decisions.
    (b) Definition.--For purposes of subsection (a), the term 
``employee'' means--
            (1) an employee on the staff of the House of 
        Representatives or Senate leadership,
            (2) an employee on the staff of a committee or 
        subcommittee,
            (3) an employee on the staff of a Member of the House of 
        Representatives or Senate,
            (4) an officer or employee of the House of Representatives 
        or Senate elected by the House of Representatives or Senate or 
        appointed by a Member of the House of Representatives or 
        Senate, other than those described in paragraphs (1) through 
        (3), or
            (5) an applicant for a position that is to be occupied by 
        an individual described in paragraphs (1) through (4).

SEC. 16. OTHER REVIEW PROHIBITED.

    No congressional employee may commence a judicial proceeding to 
redress practices prohibited under section 5, except as provided in 
this Act.
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