I

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Congressional Ac5 countability Act’’.

6 SEC. 2. DEFINITIONS.

7 As used in this Act:
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1 (1) CONGRESSIONAL EMPLOYEE.—The term

2 ‘‘congressional employee’’ means—

3 (A) an individual on the payroll of an em4 ploying office of the House of Representatives;

5 (B) an individual on the payroll of an em6 ploying office of the Senate;

7 (C) an individual on the payroll of an em8 ploying office of the Architect of the Capitol;

9 and

10 (D) an individual on the payroll of an em11 ploying office of an instrumentality.

12 (2) EMPLOYEE IN THE HOUSE OF REPRESENT13 ATIVES.—The term ‘‘individual on the payroll of an

14 employing office in the House of Representatives’’

15 means—

16 (A) an individual who is covered under

17 Rule LI of the House of Representatives, as in

18 effect on the day before the date of enactment

19 of this Act;

20 (B) any applicant for a position that is to

21 be occupied by an individual described in sub22 paragraph (A); or

23 (C) any individual who was formerly an

24 employee described in subparagraph (A) and
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1 whose claim of a violation arises out of the indi2 vidual’s employment.

3 (3) EMPLOYEE IN THE SENATE.—The term

4 ‘‘individual on the payroll of an employing office in

5 the Senate’’ means—

6 (A) any employee whose pay is disbursed

7 by the Secretary of the Senate;

8 (B) any applicant for a position that is to

9 be occupied by an individual described in sub10 paragraph (A)); or

11 (C) any individual who was formerly an

12 employee described in subparagraph (A) and

13 whose claim of a violation arises out of the indi14 vidual’s employment.

15 (4) EMPLOYEE OF THE ARCHITECT OF THE

16 CAPITOL.—The term ‘‘individual on the payroll of an

17 employing office of the Architect of the Capitol’’

18 means—

19 (A) an employee of the Architect of the

20 Capitol or an individual within the administra21 tive jurisdiction of the Architect of the Capitol

22 if such employee or individual is paid from

23 funds under a law providing appropriations for

24 the legislative branch;
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1 (B) any applicant for a position that is to

2 be occupied by an employee or individual de3 scribed in subparagraph (A); or

4 (C) any individual who was formerly an

5 employee or individual described in subpara6 graph (A) and whose claim of a violation arises

7 out of the individual’s employment.

8 (5) EMPLOYEE OF AN INSTRUMENTALITY.—

9 The term ‘‘individual on the payroll of an employing

10 office of an instrumentality’’ means—

11 (A) any individual on the payroll of an in12 strumentality of the legislative branch of the

13 Federal Government;

14 (B) any applicant for a position that is to

15 be occupied by an individual described in sub16 paragraph (A); or

17 (C) any individual who was formerly an

18 employee described in subparagraph (A) and

19 whose claim of a violation arises out of the indi20 vidual’s instrumentality employment.

21 SEC. 3. APPLICATION OF LAWS.

22 (a) LAWS WHICH WILL APPLY.—On the date regula23 tions under section 5(b)(1) to implement the results of the

24 study under section 5(a)(1)(A) take effect, the following
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1 laws shall apply, in accordance with section 5, to the legis2 lative branch of the Federal Government:

3 (1) The Fair Labor Standards Act of 1938 (29

4 U.S.C. 201 et seq.).

5 (2) Title VII of the Civil Rights Act of 1964

6 (42 U.S.C. 2000e et seq.).

7 (3) The Americans With Disabilities Act of

8 1990 (42 U.S.C. 12101 et seq.).

9 (4) The Age Discrimination in Employment Act

10 of 1967 (29 U.S.C. 621 et seq.).

11 (5) The Family and Medical Leave Act of 1993

12 (29 U.S.C. 2611 et seq.).

13 (6) The Occupational Safety and Health Act of

14 1970 (other than section 19) (29 U.S.C. 651 et

15 seq.).

16 (7) Chapter 71 (relating to Federal labor man17 agement relations) of title 5, United States Code.

18 (8) The Employee Polygraph Protection Act of

19 1988 (29 U.S.C. 2001 et seq.).

20 (9) The Worker Adjustment and Retraining

21 Notification Act (29 U.S.C. 2101 et seq.).

22 (10) The Rehabilitation Act of 1973 (29 U.S.C.

23 791).

24 (11) Section 552 (relating to public informa25 tion) of title 5, United States Code.
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1 (12) Section 552a (relating to privacy) of title

2 5, United States Code.

3 The laws referred to in this subsection which apply now

4 to congressional employees shall continue to apply to such

5 employees until the effective date such laws are made ap6 plicable in accordance with section 5.

7 (b) LAWS WHICH MAY BE MADE APPLICABLE.—Any

8 provision of Federal law shall, to the extent that it relates

9 to—

10 (1) the terms and conditions of employment (in11 cluding hiring, promotion or demotion, salary and

12 wages, overtime compensation, benefits, work assign13 ments or reassignments, termination, and family and

14 medical leave) of employees,

15 (2) protection from discrimination in personnel

16 actions, including discrimination based on—

17 (A) race, color, religion, sex (including

18 marital and parental status), or national origin

19 within the meaning of section 717 of the Civil

20 Rights Act of 1964 (42 U.S.C. 20003-16),

21 (B) age within the meaning of section 13

22 of the Age Discrimination in Employment Act

23 of 1967 (29 U.S.C. 633a), or

24 (C) handicap or disability within the mean25 ing of section 501 of the Rehabilitation Act of
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1 1973 (29 U.S.C. 791) and sections 102 through

2 104 of the Americans with Disabilities Act of

3 1990 (42 U.S.C. 12112–14), and

4 (3) the health and safety of employees,

5 apply to the legislative branch of the Federal Government

6 in accordance with section 5.

7 SEC. 4. OFFICE OF COMPLIANCE.

8 (a) ESTABLISHMENT.—There is established in the

9 legislative branch an Office of Compliance (hereinafter in

10 this Act referred to as the ‘‘Office’’).

11 (b) COMPOSITION.—

12 (1) BOARD OF DIRECTORS.—The Office shall

13 have a Board of Directors. The Board of Directors

14 shall consist of 8 individuals appointed jointly by the

15 Speaker of the House of Representatives, the Major16 ity Leader of the Senate, and the Minority Leaders

17 of the House of Representatives and the Senate. Ap18 pointments of the first 8 members of the Board of

19 Directors shall be completed not later than 120 days

20 after the date of the enactment of this Act.

21 (2) EXECUTIVE DIRECTOR.—The Chairperson

22 of the Board of Directors shall—

23 (A) appoint,

24 (B) establish the compensation of, and

25 (C) terminate,
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1 an executive director (referred to in this Act as the

2 ‘‘executive director’’), subject to the approval of the

3 Board of Directors. The compensation of the execu4 tive director may not exceed the annual rate of basic

5 pay prescribed for level V of the Executive Schedule

6 under section 5316 of title 5, United States Code.

7 (c) BOARD OF DIRECTORS QUALIFICATIONS.—

8 (1) IN GENERAL.—The members of the Board

9 of Directors shall be individuals with training or ex10 pertise in—

11 (A) the application of the laws referred to

12 in section 3 to employment, and

13 (B) employment in the Congress.

14 (2) SPECIFIC QUALIFICATIONS.—

15 (A) LOBBYING.—No individual who en16 gages in, or is otherwise employed in, lobbying

17 of the Congress and who is required under the

18 Federal Regulation of Lobbying Act to register

19 with the Clerk of the House of Representatives

20 or the Secretary of the Senate shall be consid21 ered eligible for appointment to, or service on,

22 the Board of Directors.

23 (B) OFFICE.—No member of the Board of

24 Directors appointed under subsection (b)(1)

25 may hold or may have held the position of
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1 Member of the House of Representatives, Sen2 ator, or employee of the House of Representa3 tives or the Senate.

4 (3) HOLDING OFFICE.—If during a term of of5 fice a member of the Board of Directors engages in

6 an activity described in paragraph (2)(A), such posi7 tion shall be declared vacant and a successor shall

8 be selected in accordance with subsection (b)(1).

9 (4) VACANCIES.—A vacancy in the Board of

10 Directors shall be filled in the manner in which the

11 original appointment was made.

12 (d) BOARD OF DIRECTORS TERM OF OFFICE.—

13 (1) IN GENERAL.—Except as provided in para14 graph (2), membership on the Board of Directors

15 shall be for 5 years. A member shall only be eligible

16 for appointment for a single term of office.

17 (2) FIRST APPOINTMENTS.—Of the members

18 first appointed to the Board of Directors—

19 (A) 2 shall have a term of office of 2

20 years,

21 (B) 2 shall have a term of office of 3

22 years,

23 (C) 2 shall have a term of office of 4

24 years, and
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1 (D) 2 shall have a term of office of 5

2 years,

3 as designated at the time of appointment by the per4 sons specified in subsection (b)(1).

5 (e) CHAIRPERSON.—The Chairperson of the Board of

6 Directors shall be appointed from the members of the

7 Board of Directors by the members of the Board.

8 (f) COMPENSATION OF MEMBERS.—

9 (1) PER DIEM.—Each member of the Board of

10 Directors shall be compensated at a rate equal to

11 the daily equivalent of the annual rate of basic pay

12 prescribed for level V of the Executive Schedule

13 under section 5316 of title 5, United States Code,

14 for each day (including travel time) during which

15 such member is engaged in the performance of the

16 duties of the Board.

17 (2) TRAVEL EXPENSES.—Each member of the

18 Board of Directors shall receive travel expenses, in19 cluding per diem in lieu of subsistence, at rates au20 thorized for employees of agencies under subchapter

21 I of chapter 57 of title 5, United States Code, for

22 each day the member is engaged in the performance

23 of duties away from the home or regular place of

24 business of the member.
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1 (g) OFFICE STAFF.—The executive director may ap2 point and fix the compensation of such staff, including

3 hearing officers, as are necessary to carry out this Act.

4 (h) DETAILEES.—The executive director may, with

5 the prior consent of the Government department or agency

6 concerned, use the services of any such department or

7 agency, including the services of members or personnel of

8 the General Accounting Office Personnel Appeals Board.

9 (i) CONSULTANTS.—In carrying out this Act, the ex10 ecutive director may procure the temporary (not to exceed

11 1 year) or intermittent services of individual consultants

12 or organizations thereof.

13 SEC. 5. STUDY AND REGULATIONS.

14 (a) INITIAL ACTION.—The Board of Directors shall

15 conduct a study of the manner in which the laws made

16 applicable to the legislative branch of the Federal Govern17 ment under section 3(a) should apply and include in the

18 study an examination of the procedures used by the in19 strumentalities to enforce the application of such laws and

20 a determination as to whether such procedures may be

21 used in lieu of sections 7 through 12. The Board of Direc22 tors shall complete such study and report the results to

23 Congress not later than 180 days after the date of the

24 first appointment of all the members of the Board of Di25 rectors.
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1 (b) CONTINUING ACTION.—On an ongoing basis the

2 Board of Directors—

3 (1) shall determine which of the laws referred

4 to in section 3(b) should apply to the legislative

5 branch of the Federal Government and if it should,

6 the manner in which it should be made applicable;

7 (2) shall study the application to the legislative

8 branch of the Federal Government of provisions of

9 Federal law referred to in section 3 that are enacted

10 after the date of the enactment of this Act; and

11 (3) may propose regulations with respect to

12 such application in accordance with subsection (b).

13 (c) REGULATIONS.—

14 (1) LAWS MADE APPLICABLE.—

15 (A) GENERAL RULE.—Not later than 180

16 days after the date of the completion of the

17 study under subsection (a)(1), the Board of Di18 rectors shall, in accordance with section 553 of

19 title 5, United States Code, propose regulations

20 that specify the manner in which the laws made

21 applicable to the legislative branch of the Fed22 eral Government under section 3(a) shall apply.

23 The Board of Directors shall provide a period

24 of at least 30 days for comment on the pro25 posed regulations.
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1 (B) CONGRESSIONAL NOTICE.— In addi2 tion to publishing a general notice of proposed

3 rulemaking under section 553(b) of title 5,

4 United States Code, the Board of Directors

5 shall concurrently submit such notice for publi6 cation in the Congressional Record.

7 (C) AMENDMENTS AND REPEALS.—When

8 proposing regulations under subparagraph (A)

9 specifying the manner in which a law referred

10 to in section 3(a) shall apply to the legislative

11 branch of the Federal Government, the Board

12 of Directors shall recommend to the Congress

13 changes in or repeals of existing law to accom14 modate the application of such law to the legis15 lative branch of the Federal Government.

16 (D) FINAL REGULATIONS.—The Board of

17 Directors shall, in accordance with such section

18 553, issue final regulations not later than 60

19 days after the end of the comment period on

20 the proposed regulations.

21 (2) CONTINUING ACTION.—

22 (A) GENERAL RULE.—Not later than 180

23 days after the date of the completion of the

24 study or a determination under subsection (b),

25 the Board of Directors shall, in accordance with
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1 section 553 of title 5, United States Code, pro2 pose regulations that specify which of the provi3 sions of Federal law considered in such study

4 shall apply to the legislative branch of the Fed5 eral Government. The Board of Directors shall

6 provide a period of at least 30 days for com7 ment on the proposed regulations.

8 (B) CONGRESSIONAL NOTICE.— In addi9 tion to publishing a general notice of proposed

10 rulemaking under section 553(b) of title 5,

11 United States Code, the Board of Directors

12 shall concurrently submit such notice for publi13 cation in the Congressional Record.

14 (C) AMENDMENTS AND REPEALS.—When

15 proposing regulations under subparagraph (A)

16 specifying which of the provisions of Federal

17 law referred to in section 3(b) shall apply to the

18 legislative branch of the Federal Government,

19 the Board of Directors shall recommend to the

20 Congress changes in or repeals of existing law

21 to accommodate the application of such law to

22 the legislative branch of the Federal Govern23 ment.

24 (D) FINAL REGULATIONS.— The Board of

25 Directors shall, in accordance with such section
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1 553, issue final regulations not later than 60

2 days after the end of the comment period on

3 the proposed regulations.

4 (3) REGULATION REQUIREMENTS.—Regulations

5 under paragraphs (1) and (2) shall be consistent

6 with the regulations issued by an agency of the exec7 utive branch of the Federal Government under the

8 provision of law made applicable to the legislative

9 branch of the Federal Government, including por10 tions relating to remedies.

11 (d) TRANSMITTAL.—A final regulation issued under

12 subsection (c) shall be transmitted to the Congress for

13 consideration under subsection (e).

14 (e) TAKING EFFECT OF REGULATIONS.—

15 (1) GENERAL RULE.—Subject to subsection (f),

16 a final regulation which is issued under subsection

17 (c) shall take effect upon the expiration of 60 days

18 from the date the final regulation is issued unless

19 disapproved by the Congress by concurrent resolu20 tion.

21 (2) CONCURRENT RESOLUTION.—A concurrent

22 resolution referred to in paragraph (1) shall be in23 troduced in the House of Representatives or the

24 Senate after the date on which the Board of Direc25 tors issues the final regulation to which the concur-
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1 rent resolution applies. The matter after the resolv2 ing clause of the resolution shall be as follows:

3 ‘‘That Congress disapproves the issuance of final

4 regulations of the Office of Compliance as issued on

5 llllll (the blank space being appropriately

6 filled in).’’.

7 (f) IMPLEMENTING BILLS.—When a regulation is8 sued under subsection (c)(1) or (c)(2) takes effect under

9 subsection (e), the majority leader of the House of Rep10 resentatives and the majority leader of the Senate shall

11 introduce implementing bills on the date such regulation

12 takes effect.

13 (g) PROCEDURE FOR ACTION BY CONGRESS.—

14 (1) DEFINITION.—For purposes of subsection

15 (f) and this subsection, the term ‘‘implementing bill’’

16 means—

17 (A) in the case of a bill introduced after

18 the transmittal to Congress of a regulation

19 under subsection (c)(1) which prescribes the

20 manner in which a law made applicable to the

21 legislative branch of the Federal Government

22 under section 5 shall apply, a bill which pre23 scribes, consistent with such regulation and any

24 recommendation made under subsection
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1 (c)(1)(C) and without substantive change, the

2 manner in which such law shall apply; and

3 (B) in the case of a bill introduced after

4 the transmittal to Congress of a regulation

5 under subsection (c)(2) which prescribes which

6 law shall apply to the legislative branch of the

7 Federal Government and which prescribes the

8 manner in which such law shall apply, a bill

9 which prescribes, consistent with such regula10 tion and any recommendation made under sub11 section (c)(1)(C) and without substantive

12 change, that such law shall apply to the legisla13 tive branch of the Federal Government and the

14 manner in which such law shall apply.

15 (2) REFERRAL.—When an implementing bill is

16 introduced it shall be referred to the committee with

17 jurisdiction over the law covered by the implement18 ing bill.

19 (3) AMENDMENTS PROHIBITED.—No amend20 ment to an implementing bill shall be in order in ei21 ther the House of Representatives or the Senate;

22 and no motion to suspend the application of this

23 subsection shall be in order in either House, nor

24 shall it be in order in either House for the Presiding
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1 Officer to entertain a request to suspend the appli2 cation of this subsection by unanimous consent.

3 (4) PERIOD FOR COMMITTEE AND FLOOR CON4 SIDERATION.—

5 (A) GENERAL RULE.—Except as provided

6 in subparagraph (B), if the committee or com7 mittees of either House to which an implement8 ing bill has been referred have not reported it

9 at the close of the 45th day after its introduc10 tion, such committee or committees shall be

11 automatically discharged from further consider12 ation of the bill and it shall be placed on the

13 appropriate calendar. A vote on final passage of

14 the bill shall be taken in each House on or be15 fore the close of the 15th day after the bill re16 ported by the committee or committees of that

17 House to which it was referred, or after such

18 committee or committees have been discharged

19 from further consideration of the bill. If prior

20 to the passage by one House of an implement21 ing bill of that House, that House receives the

22 same implementing bill from the other House,

23 then—
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1 (i) the procedure in that House shall

2 be the same as if no implementing bill had

3 been received from the other House; but

4 (ii) the vote on final passage shall be

5 on the implementing bill of the other

6 House.

7 (B) SENATE.—The provisions of subpara8 graph (A) shall not apply in the Senate to an

9 implementing bill. An implementing bill received

10 from the House shall be referred to the appro11 priate committee or committees of the Senate.

12 If such committee or committees have not re13 ported such bill at the close of the 15th day

14 after its receipt by the Senate (or, if later, be15 fore the close of the 45th day after the cor16 responding implementing bill was introduced in

17 the Senate), such committee or committees

18 shall be automatically discharged from further

19 consideration of such bill and it shall be placed

20 on the calendar. A vote on final passage of such

21 bill shall be taken in the Senate on or before

22 the close of the 15th day after such bill is re23 ported by the committee or committees of the

24 Senate to which it was referred, or after such
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1 committee or committees have been discharged

2 from further consideration of such bill.

3 (C) NUMBER OF DAYS.—For purposes of

4 subparagraphs (A) and (B), in computing a

5 number of days in either House, there shall be

6 excluded any day on which that House was not

7 in session.

8 (5) FLOOR CONSIDERATION IN THE HOUSE.—

9 (A) PRIVILEGES.—A motion in the House

10 of Representatives to proceed to the consider11 ation of an implementing bill shall be highly

12 privileged and not debatable. An amendment to

13 the motion shall not be in order, nor shall it be

14 in order to move to reconsider the vote by

15 which the motion is agreed to or disagreed to.

16 (B) TIME.—Debate in the House of Rep17 resentatives on an implementing bill shall be

18 limited to not more than 20 hours, which shall

19 be divided equally between those favoring and

20 those opposing the bill. A motion further to

21 limit debate shall not be debatable. It shall not

22 be in order to move to recommit an implement23 ing bill or to move to reconsider the vote by

24 which an implementing bill is agreed to or dis25 agreed to.
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1 (C) POSTPONEMENT.—Motions to post2 pone, made in the House of Representatives

3 with respect to the consideration of an imple4 menting bill, and motions to proceed to the con5 sideration of other business, shall be decided

6 without debate.

7 (D) APPEALS.—All appeals from the deci8 sions of the Chair relating to the application of

9 the Rules of the House of Representatives to

10 the procedure relating to an implementing bill

11 shall be decided without debate.

12 (E) OTHER RULES.—Except to the extent

13 specifically provided in the preceding provisions

14 of this subsection, consideration of an imple15 menting bill shall be governed by the Rules of

16 the House of Representatives applicable to

17 other bills in similar circumstances.

18 (6) FLOOR CONSIDERATION IN THE SENATE.—

19 (A) PRIVILEGES.—A motion in the Senate

20 to proceed to the consideration of an imple21 menting bill shall be privileged and not debat22 able. An amendment to the motion shall not be

23 in order, nor shall it be in order to move to re24 consider the vote by which the motion is agreed

25 to or disagreed to.
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1 (B) BILL TIME.—Debate in the Senate on

2 an implementing, and all debatable motions and

3 appeals in connection therewith, shall be limited

4 to not more than 20 hours. The time shall be

5 equally divided between, and controlled by, the

6 majority leader and the minority leader or their

7 designees.

8 (C) MOTION OR APPEAL TIME.—Debate in

9 the Senate on any debatable motion or appeal

10 in connection with the implementing bill shall

11 be limited to not more than 1 hour, to be equal12 ly divided between, and controlled by, the mover

13 and the manager of the bill, except that in the

14 event the manager of the bill is in favor of any

15 such motion or appeal, the time in opposition

16 thereto, shall be controlled by the minority lead17 er or his designee. Such leaders, or either of

18 them, may, from time to time under their con19 trol on the passage of an implementing bill or

20 approval resolution, allot additional time to any

21 Senator during the consideration of any debat22 able motion or appeal.

23 (D) OTHER MOTIONS.—A motion in the

24 Senate to further limit debate is not debatable.
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1 A motion to recommit an implementing bill or

2 approval resolution is not in order.

3 SEC. 6. OTHER FUNCTIONS.

4 (a) RULES OF THE OFFICE.—The executive director

5 shall adopt rules governing the procedures of the Office,

6 including the procedures of hearing boards, which shall be

7 submitted for publication in the Congressional Record.

8 The rules may be amended in the same manner. The exec9 utive director may consult with the Chairman of the Ad10 ministrative Conference of the United States, the Legal

11 Counsel of the Senate, and the General Counsel of the

12 House of Representatives on the adoption of rules.

13 (b) INVESTIGATIVE AUTHORITY.—The executive di14 rector shall have authority to conduct such investigations

15 as the executive director requires to implement sections

16 8 through 10 and section 12.

17 (c) DUTIES.—The Office shall—

18 (1) carry out a program of education for Mem19 bers of Congress and other employing authorities of

20 the legislative branch of the Federal Government re21 specting the laws made applicable to them and a

22 program to inform individuals of their rights under

23 laws applicable to the legislative branch of the Fed24 eral Government and under sections 7 through 12,
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1 (2) in carrying out the program under para2 graph (1), distribute the telephone number and ad3 dress of the Office, procedures for action under sec4 tions 7 through 12, and any other information the

5 executive director deems appropriate for distribution,

6 distribute such information to Members of Congress

7 and other employing authorities of the legislative

8 branch of the Federal Government in a manner suit9 able for posting, provide such information to new

10 employees of the legislative branch of the Federal

11 Government, distribute such information to the resi12 dences of congressional employees, and conduct sem13 inars and other activities designed to educate em14 ployers and employees in such information,

15 (3) compile and publish statistics on the use of

16 the Office by congressional employees, including the

17 number and type of contacts made with the Office,

18 on the reason for such contacts, on the number of

19 employees who initiated proceedings with the Office

20 under sections 7 through 12 and the result of such

21 proceedings, and on the number of employees who

22 filed a complaint under section 10, the basis for the

23 complaint, and the action taken on the complaint,

24 and
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1 (4) within 180 days of the initial appointment

2 of the executive director and in conjunction with the

3 Clerk of the House of Representatives and the Sec4 retary of the Senate, develop a system for the collec5 tion of demographic data respecting the composition

6 of the congressional employees, including race, sex,

7 and wages, and a system for the collection of infor8 mation on employment practices, including family

9 leave and flexible work hours, in Congressional of10 fices.

11 SEC. 7. PROCEDURE FOR CONSIDERATION OF ALLEGED

12 VIOLATIONS.

13 The procedure for consideration of alleged violations

14 of laws made applicable to the legislative branch of the

15 Federal Government under the regulation promulgated

16 under section 5(b) applicable to such laws or under laws

17 enacted under section 5(f) applicable to such laws, which18 ever are in effect, consists of 4 steps as follows:

19 (1) Step I, counseling, as set forth in section 8.

20 (2) Step II, mediation, as set forth in section

21 9.

22 (3) Step III, formal complaint and hearing by

23 a hearing board, as set forth in section 10.

24 (4) Step IV, judicial review if a Congressional

25 employee is aggrieved by a dismissal under section
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1 10(c), a final decision under section 10(g), or an

2 order under section 10(h) or if a Member of the

3 House of Representatives or a Senator is aggrieved

4 by a final decision under section 10(g) or would be

5 subject to an order issued under section 10(h).

6 SEC. 8. STEP I: COUNSELING.

7 (a) IN GENERAL.—A congressional employee alleging

8 a violation of a law made applicable to the legislative

9 branch of the Federal Government under section 5 may

10 request counseling through the Office. The Office shall

11 provide the employee with all relevant information with re12 spect to the rights of the employee. A request for counsel13 ing shall be made not later than 180 days after the alleged

14 violation forming the basis of the request for counseling

15 occurred.

16 (b) PERIOD OF COUNSELING.—The period for coun17 seling shall be 30 days unless the employee and the Office

18 agree to reduce the period. The period shall begin on the

19 date the request for counseling is received.

20 SEC. 9. STEP II: MEDIATION.

21 (a) IN GENERAL.—Not later than 15 days after the

22 end of the counseling period under section 8, the employee

23 who alleged a violation of a law made applicable to the

24 legislative branch of the Federal Government under sec-
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1 tion 5 may file a request for mediation with the Office.

2 Mediation—

3 (1) may include the Office, the employee, the

4 employing office, and individuals who are rec5 ommended by organizations composed primarily of

6 individuals experienced in adjudicating or arbitrating

7 personnel matters, and

8 (2) shall be a process involving meetings with

9 the parties separately or jointly for the purpose of

10 resolving the dispute between the employee and the

11 employing office.

12 (b) MEDIATION PERIOD.—The mediation period shall

13 be 30 days beginning on the date the request for mediation

14 is received and may be extended for an additional 30 days

15 at the discretion of the Office. The Office shall notify the

16 employee and the head of the employing office when the

17 mediation period has ended. For purposes of this section,

18 the term ‘‘head of employing office’’ means the individual

19 who has final authority to appoint, hire, discharge, and

20 set the terms, conditions, or privileges of the Congres21 sional employment of an employee.

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

23 (a) FORMAL COMPLAINT AND REQUEST FOR HEAR24 ING.—Not later than 30 days after receipt by the congres25 sional employee of notice from the Office of the end of
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1 the mediation period under section 9, the congressional

2 employee may file a formal complaint with the Office. No

3 complaint may be filed unless the employee has made a

4 timely request for counseling and has completed the proce5 dures set forth in sections 8 and 9.

6 (b) HEARING BOARD.—A board of 3 independent

7 hearing officers (hereinafter in this Act referred to as a

8 ‘‘hearing board’’), who are not Members of the House of

9 Representatives, Senators, or officers or employees of the

10 House of Representatives or Senate, chosen by the execu11 tive director (one of whom shall be designated by the exec12 utive director as the presiding hearing officer) shall be as13 signed to consider each complaint filed under subsection

14 (a). The executive director shall appoint hearing officers

15 from candidates who are recommended by the Federal Me16 diation and Conciliation Service, the Administrative Con17 ference of the United States, or organizations composed

18 primarily of individuals experienced in adjudicating or ar19 bitrating personnel matters. A hearing board shall act by

20 majority vote.

21 (c) DISMISSAL OF FRIVOLOUS CLAIMS.—Prior to a

22 hearing under subsection (d), a hearing board may dismiss

23 any claim that it finds to be frivolous.

24 (d) HEARING.—A hearing shall be conducted—
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1 (1) in closed session on the record by a hearing

2 board; and

3 (2) no later than 30 days after filing of the

4 complaint under subsection (a), except that the Of5 fice may, for good cause, extend up to an additional

6 60 days the time for conducting a hearing.

7 (e) DISCOVERY.—Reasonable prehearing discovery

8 may be permitted at the discretion of the hearing board.

9 (f) SUBPOENA POWER.—

10 (1) IN GENERAL.—A hearing board may au11 thorize subpoenas, which shall be issued by the pre12 siding hearing officer on behalf of the hearing board

13 under, in a matter involving the House of Rep14 resentatives, the seal of the House of Representa15 tives, for the attendance of witnesses at proceedings

16 of the hearing board and for the production of cor17 respondence, books, papers, documents, and other

18 records. The attendance of witnesses and the pro19 duction of evidence may be required from any place

20 within the United States.

21 (2) FAILURE TO OBEY A SUBPOENA.—If a per22 son refuses to obey a subpoena issued under para23 graph (1), the hearing board may apply to a United

24 States district court for an order requiring that per25 son to appear before the hearing board to give testi-
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1 mony, produce evidence, or both, relating to the

2 matter under investigation. The application may be

3 made within the judicial district where the hearing

4 is conducted or where that person is found, resides,

5 or transacts business. Any failure to obey the order

6 of the court may be punished by the court as civil

7 contempt.

8 (3) SERVICE OF SUBPOENAS.—The subpoenas

9 of the hearing board shall be served in the manner

10 provided for subpoenas issued by a United States

11 district court under the Federal Rules of Civil Pro12 cedure for the United States district courts.

13 (4) SERVICE OF PROCESS.—All process of any

14 court to which application is to be made under para15 graph (2) may be served in the judicial district in

16 which the person required to be served resides or

17 may be found.

18 (5) IMMUNITY.—The hearing board is an agen19 cy of the United States for the purpose of part V

20 of title 18, United States Code (relating to immunity

21 of witnesses).

22 (g) HEARING BOARD DECISION.—As expeditiously as

23 possible, but in no case more than 45 days after the con24 clusion of the hearing, the hearing board shall make a de25 cision in the matter for which the hearing was held. The
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1 decision of the hearing board shall be transmitted by the

2 Office to the employee and the employing office. The deci3 sion shall state the issues raised by the complaint, describe

4 the evidence in the record, and contain a determination

5 as to whether a violation of a law made applicable to the

6 legislative branch of the Federal Government under sec7 tion 5 has occurred. Any decision of the hearing board

8 shall contain a written statement of the reasons for the

9 hearing board’s decision.

10 (h) REMEDY ORDER.—If the decision of the hearing

11 board under subsection (g) is that a violation of a law

12 made applicable to the legislative branch of the Federal

13 Government under section 5, it shall order the remedies

14 under such law as made applicable to the legislative

15 branch of the Federal Government under section 5, except

16 that no Member of the House of Representatives or Sen17 ator shall be personally liable for the payment of com18 pensation. The hearing board shall have no authority to

19 award punitive damages. The entry of an order under sub20 section shall constitute a final decision for purposes of ju21 dicial review under section 11.

22 (i) FUNDS.—There shall be established in the House

23 of Representatives and in the Senate a fund from which

24 compensation (including attorney’s fees) may be paid in

25 accordance with an order under subsection (h) or as a re-
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1 sult of judicial review under section 11. From the outset

2 of any proceeding in which compensation may be paid

3 from a fund of the House of Representatives, the General

4 Counsel of the House of Representatives may provide the

5 respondent with representation.

6 SEC. 11. JUDICIAL REVIEW.

7 (a) IN GENERAL.—

8 (1) TYPES OF REVIEW.—Following any hearing

9 under section 10 on a complaint relating to a provi10 sion of law described in section 3(a), any congres11 sional employee aggrieved by a dismissal of a claim

12 under section 10(c), a final decision under section

13 10(g), a final order under section 10(h), or any

14 Member of the House of Representatives or Senator

15 aggrieved by a final decision under section 10(g) or

16 a final order under section 10(h), may—

17 (A) bring a civil action in a district court

18 of the United States for a de novo review of

19 such dismissal or of the alleged violation of law

20 with respect to which such decision or order

21 was issued if the law applicable to such dismis22 sal or violation authorizes such a review, or

23 (B) petition for review by the United

24 States Court of Appeals for the Federal Circuit.
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1 If in an action brought under subparagraph (A) a

2 court determines that a dismissal was not authorized

3 or a violation of law occurred, the court may only

4 enter an order described in section 10(h).

5 (2) PROVISIONS APPLICABLE TO REVIEW BY

6 COURT OF APPEALS.—The following provisions apply

7 to a review under paragraph (1)(B):

8 (A) LAW APPLICABLE.—Chapter 158 of

9 title 28, United States Code, shall apply–

10 (i) with respect to section 2344 of

11 title 28, United States Code, service of the

12 petition shall be on the House or Senate

13 Legal Counsel, or the appropriate entity of

14 an instrumentality, as the case may be,

15 rather than on the Attorney General;

16 (ii) the provisions of section 2348 of

17 title 28, United States Code, on the au18 thority of the Attorney General, shall not

19 apply;

20 (iii) the petition for review shall be

21 filed not later than 90 days after the entry

22 in the Office of a final decision under sec23 tion 10(g), an order under section 10(h);
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1 (iv) the Office shall be an ‘‘agency’’ as

2 that term is used in chapter 158 of title

3 28, United States Code; and

4 (v) the Office shall be the respondent

5 in any proceeding under subparagraph (A).

6 (B) STANDARD OF REVIEW.—To the ex7 tent necessary to decision and when presented,

8 the court shall decide all relevant questions of

9 law and interpret constitutional and statutory

10 provisions. The court shall set aside a dismissal

11 under section 10(c), a final decision under sec12 tion 10(g), or an order under section 10(h) if

13 it is determined that the dismissal, decision, or

14 order was—

15 (i) arbitrary, capricious, an abuse of

16 discretion, or otherwise not consistent with

17 law;

18 (ii) not made consistent with required

19 procedures; or

20 (iii) unsupported by substantial evi21 dence.

22 (C) RECORD.—In making determinations

23 under subparagraph (B), the court shall review

24 the whole record, or those parts of it cited by

25 a party, and due account shall be taken of the
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1 rule of prejudicial error. The record on review

2 shall include the record before the hearing

3 board, the decision of the hearing board, and

4 the order of the hearing board.

5 (3) INFORMATION.—Any petitioner seeking in6 formation from an office of the legislative branch of

7 the Federal Government that is aggrieved by a final

8 decision of the Office under section 10(g), may peti9 tion for review of the decision by the District Court

10 of the United States for the District of Columbia.

11 Such review shall be conducted in accordance with

12 subparagraphs (B), (C), (E), (F), and (G) of section

13 552(a)(4) of title 5, United States Code.

14 (b) ATTORNEY’S FEES.—If a congressional employee

15 is the prevailing party in a proceeding under this section,

16 attorney’s fees for the judicial proceeding may be allowed

17 by the court in accordance with the standards prescribed

18 under section 706(k) of the Civil Rights Act of 1964 (42

19 U.S.C. 2000e–5(k)).

20 SEC. 12. RESOLUTION OF COMPLAINT.

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

22 the employee and the head of the employing office resolve

23 the issues involved, the employee may withdraw the com24 plaint or the parties may enter into a written agreement,

25 subject to the approval of the executive director.
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1 SEC. 13. PROHIBITION OF INTIMIDATION.

2 Any intimidation of, or reprisal against, any employee

3 by any Member of the House of Representatives, Senator,

4 or officer or employee of the House of Representatives or

5 Senate, by the Architect of the Capitol or anyone employed

6 by the Architect of the Capitol, or by an instrumentality

7 of the legislative branch of the Federal Government be8 cause of the exercise of a right under this Act constitutes

9 an unlawful employment practice, which may be remedied

10 in the same manner under this Act as is a violation of

11 a law made applicable to the legislative branch of the Fed12 eral Government under section 5.

13 SEC. 14. CONFIDENTIALITY.

14 (a) COUNSELING.—All counseling shall be strictly

15 confidential except that the Office and the employee may

16 agree to notify the head of the employing office of the

17 allegations.

18 (b) MEDIATION.—All mediation shall be strictly

19 confidential.

20 (c) HEARINGS.—Except as provided in subsections

21 (d) and (e), the hearings, deliberations, and decisions of

22 the hearing board shall be confidential.

23 (d) RELEASE OF RECORDS FOR JUDICIAL ACTION.—

24 The records and decisions of hearing boards may be made

25 public if required for the purpose of judicial action under

26 section 9.
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1 (e) ACCESS BY COMMITTEES OF CONGRESS.—At the

2 discretion of the executive director, the executive director

3 may provide to the Committee on Standards of Official

4 Conduct of the House of Representatives and the Select

5 Committee on Ethics of the Senate access to the records

6 of the hearings and decisions of the hearing boards, in7 cluding all written and oral testimony in the possession

8 of the hearing boards, concerning a decision under section

9 10(g). The executive director shall not provide such access

10 until the executive director has consulted with the individ11 ual filing the complaint at issue in the hearing, and until

12 the hearing board has issued the decision.

13 (f) COORDINATION.—The executive director shall co14 ordinate the executive director’s proceedings with the

15 Committee on Standards and Official Conduct of the

16 House of Representatives and the Select Committee on

17 Ethics of the Senate to ensure effectiveness, to avoid du18 plication, and to prevent penalizing cooperation by re19 spondents in the respective proceedings.

20 SEC. 15. POLITICAL AFFILIATION AND PLACE OF RESI21 DENCE.

22 (a) IN GENERAL.—It shall not be a violation of a law

23 made applicable to the legislative branch of the Federal

24 Government under section 5 to consider the—

25 (1) party affiliation,
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1 (2) domicile, or

2 (3) political compatibility with the employing

3 office,

4 of a congressional employee with respect to employment

5 decisions.

6 (b) DEFINITION.—For purposes of subsection (a),

7 the term ‘‘employee’’ means—

8 (1) an employee on the staff of the House of

9 Representatives or Senate leadership,

10 (2) an employee on the staff of a committee or

11 subcommittee,

12 (3) an employee on the staff of a Member of

13 the House of Representatives or Senate,

14 (4) an officer or employee of the House of Rep15 resentatives or Senate elected by the House of Rep16 resentatives or Senate or appointed by a Member of

17 the House of Representatives or Senate, other than

18 those described in paragraphs (1) through (3), or

19 (5) an applicant for a position that is to be oc20 cupied by an individual described in paragraphs (1)

21 through (4).
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1 SEC. 16. OTHER REVIEW PROHIBITED.

2 No congressional employee may commence a judicial

3 proceeding to redress practices prohibited under section

4 5, except as provided in this Act.

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