Calendar No. 710

103D CONGRESS

2D SESSION H. R. 4822

[Report No. 103–397]

A BILL

To make certain laws applicable to the legislative

branch of the Federal Government.

OCTOBER 3 (legislative day, SEPTEMBER 12), 1994

Reported with an amendment and an amendment of the

title
II

★(Star Print)

Calendar No. 710

103D CONGRESS

2D SESSION H. R. 4822

[Report No. 103–397]

IN THE SENATE OF THE UNITED STATES

AUGUST 12 (legislative day, AUGUST 11), 1994

Received; read twice and referred to the Committee on Governmental Affairs

OCTOBER 3 (legislative day, SEPTEMBER 12), 1994

Reported by Mr. GLENN, with an amendment and an amendment to the title

[Strike out all after the enacting clause and insert the part printed in italic]

AN ACT

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 XXXXXX (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—
29

•HR 4822 RS1S

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-
30

•HR 4822 RS1S

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
31

•HR 4822 RS1S

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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•HR 4822 RS1S

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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•HR 4822 RS1S

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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•HR 4822 RS1S

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
35

•HR 4822 RS1S

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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•HR 4822 RS1S

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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•HR 4822 RS1S

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).

22 SEC. 16. OTHER REVIEW PROHIBITED.

23 No congressional employee may commence a judicial

24 proceeding to redress practices prohibited under section

25 5, except as provided in this Act.
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1 SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

2 (a) SHORT TITLE.—This Act may be cited as the

3 ‘‘Congressional Accountability Act of 1994’’.

4 (b) TABLE OF CONTENTS.—The table of contents for

5 this Act is as follows:

Sec. 1. Short title and table of contents.

Sec. 2. Findings and purposes.

Sec. 3. Definitions.

TITLE I—EXTENSION OF RIGHTS AND PROTECTIONS, AND

ASSOCIATED PROCEDURES

Sec. 101. Rights and protections under laws against employment discrimination.

Sec. 102. Rights and protections under the Family and Medical Leave Act.

Sec. 103. Rights and protections under the Fair Labor Standards Act.

Sec. 104. Procedures for remedy of employment discrimination, family and medical leave, and fair labor standards violations.

Sec. 105. Rights and protections under title II of the Americans with Disabilities

Act of 1990; procedures for remedy of violations.

Sec. 106. Rights and protections under the Occupational Safety and Health Act

of 1970; procedures for remedy of violations.

Sec. 107. Application of Federal service labor-management relations statute; procedures for implementation and enforcement.

Sec. 108. Study and recommendations regarding General Accounting Office, Government Printing Office, and Library of Congress.

TITLE II—OFFICE OF CONGRESSIONAL FAIR EMPLOYMENT

PRACTICES—ESTABLISHMENT AND OPERATIONS

Sec. 201. Establishment of Office of Congressional Fair Employment Practices.

Sec. 202. Board of Directors.

Sec. 203. Officers, staff, and other personnel.

Sec. 204. Rulemaking by the Office.

Sec. 205. Information program.

Sec. 206. Data collection and report.

Sec. 207. Expenses of the Office.

TITLE III—ADMINISTRATIVE AND JUDICIAL DISPUTE-RESOLUTION

PROCEDURES

Sec. 301. Counseling.

Sec. 302. Mediation.

Sec. 303. Complaint and hearing.

Sec. 304. Appeal to the Board.

Sec. 305. Judicial review of a final decision.

Sec. 306. Civil actions.

Sec. 307. Time limitations.

Sec. 308. Settlement of complaints.

Sec. 309. Confidentiality.

Sec. 310. Disclosure to committees of Congress.

Sec. 311. Representation.
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TITLE IV—MISCELLANEOUS PROVISIONS

Sec. 401. Expedited procedures for congressional consideration of substantive

rules.

Sec. 402. Exercise of rulemaking powers.

Sec. 403. Settlement and awards reserves; authorization of appropriations.

Sec. 404. Other judicial review prohibited.

Sec. 405. Severability.

Sec. 406. Political affiliation and place of residence.

Sec. 407. Nondiscrimination rules of the House and Senate.

Sec. 408. Reports of congressional committees.

Sec. 409. Technical and conforming amendments.

Sec. 410. Savings provision.

1 SEC. 2. FINDINGS AND PURPOSES.

2 (a) FINDINGS.—The Congress makes the following

3 findings:

4 (1) All employees of the House of Representa5 tives, of the Senate, and of the congressional instru6 mentalities are entitled to fundamental rights and

7 protections provided by law to private and other pub8 lic employees.

9 (2) The Congress has made notable progress in

10 ensuring that such rights and protections are afforded

11 to these legislative branch employees, by—

12 (A) extending to employees of the House of

13 Representatives the provisions of the Civil Rights

14 Act of 1964, the Americans with Disabilities Act

15 of 1990, the Family and Medical Leave Act of

16 1993, and the Fair Labor Standards Act of

17 1938;

18 (B) extending to employees of the Senate the

19 provisions of the Civil Rights Act of 1964, the
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•HR 4822 RS1S

1 Age Discrimination in Employment Act of 1967,

2 the Rehabilitation Act of 1973, the Americans

3 with Disabilities Act of 1990, and the Family

4 and Medical Leave Act of 1993; and

5 (C) extending to employees of congressional

6 instrumentalities numerous rights and protec7 tions under employment laws.

8 (3) The Congress should expand on this base of

9 rights and protections by eliminating gaps in cov10 erage and extending coverage so as to assure to legis11 lative branch employees the rights and protections of

12 laws on employment discrimination, family and med13 ical leave, fair labor standards, labor-management re14 lations, and occupational safety and health.

15 (4) The Congress should likewise establish

16 prompt, fair, and independent processes to resolve dis17 putes and to enforce employee rights and protections,

18 building on and strengthening the dispute resolution

19 and enforcement procedures already established by the

20 Government Employees Rights Act of 1991 (2 U.S.C.

21 1201 et seq.), section 117 of the Civil Rights Act of

22 1991 (2 U.S.C. 60l), and other relevant enactments

23 and rules of Congress.

24 (5) The extension of employee rights and protec25 tions affecting employees of the Architect of the Cap-
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•HR 4822 RS1S

1 itol and the Capitol Police should be accomplished in

2 a manner that ensures that they are treated in a con3 sistent manner regardless of their place of assignment

4 within the Congress.

5 (6) The extension of employee rights and protec6 tions should be accomplished in a manner that is con7 sistent with the responsibilities and functions of the

8 House of Representatives and the Senate under the

9 Constitution.

10 (b) PURPOSES.—The purposes of this Act are to elimi11 nate gaps in coverage, extend coverage, and establish

12 prompt, fair, and independent dispute resolution and en13 forcement procedures, for rights and protections established

14 by—

15 (1) title VII of the Civil Rights Act of 1964;

16 (2) the Fair Labor Standards Act of 1938;

17 (3) the Age Discrimination in Employment Act

18 of 1967;

19 (4) title I and title II of the Americans with Dis20 abilities Act of 1990;

21 (5) section 501 of the Rehabilitation Act of 1973;

22 (6) the Family and Medical Leave Act of 1993;

23 (7) the Occupational Safety and Health Act of

24 1970; and
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•HR 4822 RS1S

1 (8) chapter 71 of title 5, United States Code

2 (commonly known as the ‘‘Federal Service Labor3 Management Relations Statute’’).

4 SEC. 3. DEFINITIONS.

5 Except as otherwise specifically provided in this Act,

6 as used in this Act:

7 (1) BOARD.—The term ‘‘Board’’ means the

8 Board of Directors of the Office of Congressional Fair

9 Employment Practices appointed under section 202.

10 (2) CALENDAR DAY OF CONTINUOUS SESSION.—

11 The term ‘‘calendar day of continuous session’’ means

12 a calendar day other than one on which either House

13 is not in session because of an adjournment of more

14 than three days to a date certain.

15 (3) CHAIR.—The term ‘‘Chair’’ means the Chair

16 of the Board of Directors of the Office of Congres17 sional Fair Employment Practices appointed under

18 section 202(b).

19 (4) COVERED EMPLOYEE.—The term ‘‘covered

20 employee’’ means any employee of—

21 (A) the House of Representatives;

22 (B) the Senate;

23 (C) the Architect of the Capitol;

24 (D) the Congressional Budget Office;

25 (E) the Office of Technology Assessment; or
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1 (F) the Office of Congressional Fair Em2 ployment Practices.

3 (5) DIRECTOR.—The term ‘‘Director’’ means the

4 Director of the Office of Congressional Fair Employ5 ment Practices appointed under section 203(a).

6 (6) EMPLOYEE OF THE ARCHITECT OF THE CAP7 ITOL.—The term ‘‘employee of the Architect of the

8 Capitol’’, means—

9 (A) any employee of the Architect of the

10 Capitol, the Botanic Garden, or the Senate Res11 taurants;

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

13 be occupied by an individual described in sub14 paragraph (A) and whose claim of a violation

15 under this Act arises out of the application; and

16 (C) any individual who was formerly an

17 employee described in subparagraph (A) and

18 whose claim of a violation under this Act arises

19 out of the employment.

20 (7) EMPLOYEE OF CERTAIN CONGRESSIONAL IN21 STRUMENTALITIES.—The terms ‘‘employee of the Con22 gressional Budget Office’’, ‘‘employee of the Office of

23 Technology Assessment’’, and ‘‘employee of the Office

24 of Congressional Fair Employment Practices’’ mean,

25 respectively—
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•HR 4822 RS1S

1 (A) any employee of the Congressional

2 Budget Office, the Office of Technology Assess3 ment, or the Office of Congressional Fair Em4 ployment Practices;

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

6 be occupied by an individual described in sub7 paragraph (A) and whose claim of a violation

8 under this Act arises out of the application; and

9 (C) any individual who was formerly an

10 employee described in subparagraph (A) and

11 whose claim of a violation under this Act arises

12 out of the employment.

13 (8) EMPLOYEE OF THE HOUSE OF REPRESENTA14 TIVES.—The term ‘‘employee or the House of Rep15 resentatives’’ means—

16 (A) an individual occupying a position the

17 pay for which is disbursed by the Clerk of the

18 House of Representatives, or another official des19 ignated by the House of Representatives, or any

20 employment position in a legislative service or21 ganization or other entity that is paid through

22 funds derived from the clerk-hire allowance of the

23 House of Representatives, including any such in24 dividual employed by the Capitol Police, the

25 Capitol Guide Service, or the Office of the At-
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•HR 4822 RS1S

1 tending Physician, but not including an individ2 ual employed by the Congressional Budget Office;

3 (B) any applicant for a position described

4 in subparagraph (A) whose claim of a violation

5 under this Act arises out of the application; and

6 (C) any individual who was formerly an

7 employee described in subparagraph (A) and

8 whose claim of a violation under this Act arises

9 out of the employment.

10 (9) EMPLOYEE OF THE SENATE.—The term ‘‘em11 ployee of the Senate’’ means—

12 (A) any employee whose pay is disbursed by

13 the Secretary of the Senate, including any such

14 individual employed by the Capitol Police, the

15 Capitol Guide Service, or the Office of the At16 tending Physician;

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

18 be occupied by an individual described in sub19 paragraph (A) and whose claim of a violation

20 under this Act arises out of the application; and

21 (C) any individual who was formerly an

22 employee described in subparagraph (A) and

23 whose claim of a violation under this Act arises

24 out of the employment.
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1 (10) EMPLOYING OFFICE.—The term ‘‘employing

2 office’’ means the personal office of a Member of the

3 House of Representatives or a Senator or any other

4 office under the authority of a head of an employing

5 office.

6 (11) GENERAL COUNSEL.—The term ‘‘General

7 Counsel’’ means the General Counsel of the Office of

8 Congressional Fair Employment Practices appointed

9 under section 203(b).

10 (12) HEAD OF AN EMPLOYING OFFICE.—The

11 term ‘‘head of an employing office’’ means—

12 (A) the Member of Congress or the officer or

13 employee or board or other entity of the Congress

14 that has final authority to appoint, hire, dis15 charge, and set the terms, conditions, or privi16 leges of the employment of an employee of the

17 House of Representatives or an employee of the

18 Senate; and

19 (B) the Architect of the Capitol, the Direc20 tor of the Congressional Budget Office, the Direc21 tor of the Office of Technology Assessment, and

22 the Board of the Office of Congressional Fair

23 Employment Practices.
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1 (13) OFFICE.—The term ‘‘Office’’ means the Of2 fice of Congressional Fair Employment Practices es3 tablished under section 201.

4 TITLE I—EXTENSION OF RIGHTS

5 AND PROTECTIONS, AND AS6 SOCIATED PROCEDURES

7 SEC. 101. RIGHTS AND PROTECTIONS UNDER LAWS

8 AGAINST EMPLOYMENT DISCRIMINATION.

9 (a) DISCRIMINATORY PRACTICES PROHIBITED.—

10 (1) IN GENERAL.—All personnel actions affecting

11 covered employees shall, in accordance with the terms

12 of this section, be made free from any discrimination

13 based on—

14 (A) race, color, religion, sex, or national or15 igin, within the meaning of section 717 of the

16 Civil Rights Act of 1964 (42 U.S.C. 2000e–16);

17 (B) age, within the meaning of section 15

18 of the Age Discrimination in Employment Act of

19 1967 (29 U.S.C. 633a); or

20 (C) handicap or disability, within the

21 meaning of section 501 of the Rehabilitation Act

22 of 1973 (29 U.S.C. 791) and sections 102

23 through 104 of the Americans with Disabilities

24 Act of 1990 (42 U.S.C. 12112–12114).
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1 (2) PROHIBITION OF INTIMIDATION OR RE2 PRISAL.—Any intimidation of, or reprisal against,

3 any covered employee because of the exercise of a right

4 under this section constitutes an unlawful employ5 ment practice, which may be remedied in the same

6 manner as is a violation of paragraph (1).

7 (b) AVAILABLE REMEDIES.—

8 (1) CIVIL RIGHTS.—The remedies for a violation

9 of subsection (a)(1)(A) shall be such remedies as

10 would be appropriate if awarded under sections

11 706(g), 706(k), and 717(d) of the Civil Rights Act of

12 1964 (42 U.S.C. 2000e–5(g), 2000e–5(k), 2000e–

13 16(d)), and such compensatory damages (not exceed14 ing, for each complaining party, and irrespective of

15 the size of the employing office, the maximum amount

16 available under section 1977A(b)(3)(D)) of the Re17 vised Statutes (42 U.S.C. 1981a(b)(3)(D)) as would

18 be appropriate if awarded under section 1977 and

19 sections 1977(A)(a) and (b)(2) of the Revised Statutes

20 (42 U.S.C. 1981, 1981a (a), and (b)(2)).

21 (2) AGE DISCRIMINATION.—The remedies for a

22 violation of subsection (a)(1)(B) shall be such rem23 edies as would be appropriate if awarded under sec24 tion 15(c) of the Age Discrimination in Employment

25 Act of 1967 (29 U.S.C. 633a(c)).
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1 (3) DISABILITIES DISCRIMINATION.—The rem2 edies for a violation of subsection (a)(1)(C) shall be

3 such remedies as would be appropriate if awarded

4 under section 505(a) of the Rehabilitation Act of 1973

5 (29 U.S.C. 794a(a)(1)) or section 107(a) of the Amer6 icans with Disabilities Act of 1990 (42 U.S.C.

7 12117(a)).

8 (4) PUNITIVE DAMAGES.—Punitive damages

9 shall not be available for a violation of subsection (a).

10 (c) EXCLUSIVE PROCEDURES.—No covered employee

11 may commence an administrative or judicial proceeding to

12 seek a remedy for practices prohibited under this section

13 except as provided in section 104.

14 (d) EFFECTIVE DATE.—This section shall be effective

15 on October 1, 1995.

16 SEC. 102. RIGHTS AND PROTECTIONS UNDER THE FAMILY

17 AND MEDICAL LEAVE ACT OF 1993.

18 (a) FAMILY AND MEDICAL LEAVE RIGHTS AND PRO19 TECTIONS PROVIDED.—

20 (1) IN GENERAL.—The rights and protections es21 tablished under sections 101 through 105 of the Fam22 ily and Medical Leave Act of 1993 (29 U.S.C. 2611–

23 2615) shall apply, in accordance with this section,

24 with respect to covered employees.
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1 (2) DEFINITIONS.—For purposes of the applica2 tion of the Family and Medical Leave Act by this sec3 tion—

4 (A) the term ‘‘eligible employee’’ means—

5 (i) any employee of the House of Rep6 resentatives who has been employed for at

7 least 12 months on other than a temporary

8 or intermittent basis by any employing of9 fice of the House of Representatives;

10 (ii) any employee of the Senate who

11 has been employed for at least 12 months on

12 other than a temporary or intermittent

13 basis by any employing office of the Senate;

14 and

15 (iii) any employee of the Architect of

16 the Capitol, the Congressional Budget Of17 fice, the Office of Technology Assessment, or

18 the Office of Congressional Fair Employ19 ment Practices, who has been employed for

20 at least 12 months on other than a tem21 porary or intermittent basis by the Archi22 tect of the Capitol, the Congressional Budget

23 Office, the Office of Technology Assessment,

24 or the Office of Congressional Fair Employ25 ment Practices, respectively; and
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1 (B) the term ‘‘employer’’ means any em2 ploying office.

3 (b) AVAILABLE REMEDIES.—The remedies for a viola4 tion of subsection (a) shall be such remedies as would be

5 appropriate if awarded under paragraph (1) or (3) of sec6 tion 107(a) of the Family and Medical Leave Act of 1993

7 (29 U.S.C. 2617(a) (1) or (3)).

8 (c) EXCLUSIVE PROCEDURES.—No covered employee

9 may commence an administrative or judicial proceeding to

10 seek a remedy for a violation of the rights and protections

11 afforded in this section except as provided in section 104.

12 (d) EFFECTIVE DATE.—This section shall be effective

13 on October 1, 1995.

14 SEC. 103. RIGHTS AND PROTECTIONS UNDER THE FAIR

15 LABOR STANDARDS ACT.

16 (a) FAIR LABOR STANDARDS.—

17 (1) IN GENERAL.—Subject to the limitations in

18 section 13(a)(1) of the Fair Labor Standards Act of

19 1938 (29 U.S.C. 213(a)(1)), the rights and protections

20 established under subsections (a)(1) and (d) of section

21 6, section 7, and section 15(a)(3) of such Act (29

22 U.S.C. 206(a)(1) and (d), 207, 215(a)(3)) shall apply,

23 in accordance with this section, with respect to cov24 ered employees.
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1 (2) VOLUNTEER SERVICES EXCEPTED.—For the

2 purposes of this section, the term ‘‘employee’’ does not

3 include any individual who volunteers to perform

4 services under the same conditions as would exclude

5 an individual who volunteers to perform services for

6 a State, a political subdivision of a State, or an

7 interstate governmental agency under section

8 3(e)(4)(A) of the Fair Labor Standards Act of 1938

9 (29 U.S.C. 203(e)(4)(A)).

10 (3) COMPENSATORY TIME ALLOWED.—Covered

11 employees may receive compensatory time off instead

12 of overtime compensation in the same manner and to

13 the same extent as employees of a State, a political

14 subdivision of a State, or an interstate governmental

15 agency, pursuant to section 7(o) of the Fair Labor

16 Standards Act of 1938 (29 U.S.C. 207(o)).

17 (b) AVAILABLE REMEDIES.—The remedies for a viola18 tion of subsection (a) shall be such remedies as would be

19 appropriate if awarded under section 16(b) of the Fair

20 Labor Standards Act of 1938 (29 U.S.C. 216(b)).

21 (c) EXCLUSIVE PROCEDURES.—No covered employee

22 may commence an administrative or judicial proceeding to

23 seek a remedy for a violation of the rights and protections

24 afforded in this section except as provided in section 104.

25 (d) RULES TO IMPLEMENT SECTION.—
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1 (1) IN GENERAL.—Not later than January 3,

2 1996, the Board shall, pursuant to section 204, issue

3 rules necessary to implement the rights and protec4 tions under this section.

5 (2) CONSISTENCY WITH AGENCY REGULATIONS.—

6 The rules promulgated under paragraph (1) shall be

7 consistent with substantive regulations promulgated

8 by the Secretary of Labor to implement the statutory

9 provisions referred to in subsections (a) and (b) ex10 cept insofar as the Board may determine, for good

11 cause shown and stated together with the rule, that a

12 different rule would serve the purposes of such statu13 tory provisions and of this Act.

14 (e) EFFECTIVE DATES.—Subsections (a) through (c)

15 shall be effective on the effective date of the rules issued

16 under subsection (d) or on July 1, 1996, whichever is ear17 lier.

18 SEC. 104. PROCEDURES FOR REMEDY OF EMPLOYMENT DIS19 CRIMINATION, FAMILY AND MEDICAL LEAVE,

20 AND FAIR LABOR STANDARDS VIOLATIONS.

21 The exclusive procedures for remedy of violations of

22 sections 101, 102, and 103 shall be as follows:

23 (1) COUNSELING.—Any covered employee alleg24 ing a violation of sections 101, 102, or 103 may re25 quest counseling by the Office. Such counseling shall
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1 be conducted pursuant to the provisions of section 301

2 and shall be requested within the time specified in

3 section 307.

4 (2) MEDIATION.—Not later than 15 days after

5 the Office gives notification to an employee pursuant

6 to section 301(d) of the end of the period of counseling

7 under paragraph (1), the employee may file a request

8 for mediation with the Office. On the filing of such

9 a request, the Office shall conduct mediation in ac10 cordance with section 302.

11 (3) CHOICE OF ADJUDICATORY PROCEEDING.—

12 Not later than 90 days after receiving notice given by

13 the Office pursuant to section 302(f), but not sooner

14 than 30 days after receipt of such notice, an employee

15 may either—

16 (A) file a formal complaint with the Office

17 in accordance with section 303; or

18 (B) file a civil action in the United States

19 district court for the district in which the em20 ployee is employed or for the District of Colum21 bia, subject to the provisions of section 306.

22 (4) APPEAL TO THE BOARD.—Any party ag23 grieved by a final decision of the hearing officer with

24 respect to a formal complaint filed with the Office
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1 pursuant to paragraph (3)(A) may appeal to the

2 Board pursuant to section 304.

3 (5) JUDICIAL REVIEW.—Any party aggrieved by

4 a final decision of the Board under paragraph (4)

5 may file a petition for review in the United States

6 Court of Appeals for the Federal Circuit pursuant to

7 section 305.

8 SEC. 105. RIGHTS AND PROTECTIONS UNDER TITLE II OF

9 THE AMERICANS WITH DISABILITIES ACT;

10 PROCEDURES FOR REMEDY OF VIOLATIONS.

11 (a) ENTITIES SUBJECT TO THIS SECTION.—Each of—

12 (1) the Senate;

13 (2) the House of Representatives;

14 (3) each joint committee of the Congress;

15 (4) the Architect of the Capitol (including as

16 manager of the Senate Restaurants and the Botanic

17 Garden);

18 (5) the Capitol Guide Service;

19 (6) the Capitol Police;

20 (7) the Congressional Budget Office;

21 (8) the Office of Technology Assessment; and

22 (9) the Office of Congressional Fair Employment

23 Practices;

24 shall be subject to the requirements of this section.

25 (b) DISCRIMINATION IN PUBLIC SERVICES.—
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1 (1) RIGHTS AND PROTECTIONS.—The rights and

2 protections against discrimination in the provision of

3 public services established under sections 201 through

4 230, 503(a), and 503(b) of the Americans with Dis5 abilities Act of 1990 (42 U.S.C. 12131–12150,

6 12203(a), 12203(b)) shall apply, pursuant to the

7 terms of this section, to the entities listed in sub8 section (a).

9 (2) COVERAGE.—The rights and protections of

10 paragraph (1) shall apply, pursuant to the terms of

11 this section, to any qualified individual with a dis12 ability (as defined in section 201(2) of the Americans

13 with Disabilities Act of 1990 (42 U.S.C. 12131(2)),

14 except that, with respect to any claims of employment

15 discrimination under title II of the American with

16 Disabilities Act asserted by any covered employee, the

17 exclusive remedy shall be under section 101.

18 (3) DEFINITION.—For purposes of the applica19 tion of title II of the Americans with Disabilities Act

20 of 1990 under this section, the term ‘‘public entity’’

21 means any entity listed in subsection (a).

22 (c) AVAILABLE REMEDIES.—The remedies for a viola23 tion of subsection (b) shall be such remedies as would be

24 appropriate if awarded under section 203 or 503(c) of the
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1 Americans with Disabilities Act of 1990 (42 U.S.C. 12133

2 or 12203(c)).

3 (d) AVAILABLE PROCEDURES.—

4 (1) CHARGE FILED WITH GENERAL COUNSEL.—

5 A qualified individual with a disability who alleges

6 a violation of subsection (b) may file a charge with

7 the General Counsel. The General Counsel shall inves8 tigate the charge.

9 (2) MEDIATION.—If, upon investigation, the

10 General Counsel believes that a violation of subsection

11 (b) may have occurred and that mediation may be

12 helpful in resolving the dispute, the General Counsel

13 may request mediation under section 302 between the

14 complaining individual and the entity alleged to have

15 committed the violation.

16 (3) COMPLAINT, HEARING, BOARD REVIEW.—If

17 the General Counsel believes that a violation of sub18 section (b) has occurred, and if mediation under

19 paragraph (2) has not succeeded in resolving the dis20 pute between the complaining individual and the en21 tity alleged to have committed the violation, the Gen22 eral Counsel shall file with the Office a complaint

23 against the entity. If the General Counsel believes that

24 remedy of the violation requires action by the Archi25 tect of the Capitol, the General Counsel shall also
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1 name the Architect of the Capitol in the complaint.

2 The complaint shall be submitted to a hearing officer

3 for decision pursuant to section 303, subject to review

4 by the Board pursuant to section 304.

5 (4) JUDICIAL REVIEW.—Any party aggrieved by

6 a final decision of the Board under paragraph (3)

7 may file a petition for review in the United States

8 Court of Appeals for the Federal Circuit, pursuant to

9 section 305.

10 (5) EXCLUSIVE PROCEDURES.—No person may

11 commence an administrative or judicial proceeding to

12 seek a remedy for violation of the rights and protec13 tions afforded in this section except as provided in

14 this subsection.

15 (e) RULES TO IMPLEMENT SECTION.—

16 (1) IN GENERAL.—Not later than January 3,

17 1996, the Board shall, pursuant to section 204, issue

18 rules necessary to implement the rights and protec19 tions under this section.

20 (2) CONSISTENCY WITH AGENCY REGULATIONS.—

21 The rules promulgated under paragraph (1) shall be

22 consistent with substantive regulations promulgated

23 by the Attorney General and the Secretary of Trans24 portation to implement the statutory provisions re25 ferred to in subsections (b) and (c) except to the extent
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1 that the Board may determine, for good cause shown

2 and stated together with the rule, that a different rule

3 would serve the purposes of such statutory provisions

4 and of this Act.

5 (f) EFFECTIVE DATES.—Subsections (b), (c), and (d)

6 shall be effective on the effective date of the rules issued

7 under subsection (e) or on July 1, 1996, whichever is ear8 lier.

9 (g) INSPECTION; REPORT TO CONGRESS.—

10 (1) INSPECTION.—On a regular basis, and at

11 least once each Congress, the General Counsel shall in12 spect the facilities of Congress and of congressional

13 instrumentalities listed in subsection (a) to ensure

14 compliance with subsection (b).

15 (2) REPORT.—On the basis of these inspections,

16 the General Counsel shall, at least once every Con17 gress, prepare and submit a report to the Speaker of

18 the House of Representatives and the President pro

19 tempore of the Senate containing the results of the in20 spection and describing any steps that need to be

21 taken to comply fully with this section.

22 (3) DETAILS.—The Attorney General, the Sec23 retary of Transportation, and the Architectural and

24 Transportation Barriers Compliance Board shall, on

25 request of the Office, detail to the Office such person-
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1 nel as may be necessary to advise and assist the Of2 fice in carrying out its duties under this section.

3 SEC. 106. RIGHTS AND PROTECTIONS UNDER THE OCCUPA4 TIONAL SAFETY AND HEALTH ACT OF 1970;

5 PROCEDURES FOR REMEDY OF VIOLATIONS.

6 (a) OCCUPATIONAL SAFETY AND HEALTH PROTEC7 TIONS.—Each employing office and each covered employee

8 (and representatives of such employee) shall comply with

9 provisions of section 5 of the Occupational Safety and

10 Health Act of 1970 (29 U.S.C. 654). The duties, rights, and

11 protections of sections 8, 9, and 11(c) of the Occupational

12 Safety and Health Act of 1970 (29 U.S.C. 657, 658 and

13 660(c)) shall apply with respect to each employing office

14 and each covered employee (and representatives of such em15 ployee). For purposes of the application under this section

16 of the Occupational Safety and Health Act of 1970, the term

17 ‘‘employer’’ as used in such Act or in this section means

18 any employing office and the term ‘‘employee’’ means any

19 covered employee.

20 (b) AVAILABLE REMEDIES.—The remedies for a viola21 tion of subsection (a) shall be such remedies, except pen22 alties, as would be appropriate if awarded under sections

23 9(a), 10(c), and 11(c)(2) of the Occupational Safety and

24 Health Act of 1970 (29 U.S.C. 658(a), 659(c), and

25 660(c)(2)).
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1 (c) AVAILABLE PROCEDURES.—

2 (1) INSPECTIONS, INVESTIGATIONS; AUTHORITIES

3 OF THE GENERAL COUNSEL.—For purposes of this

4 section and except as otherwise provided in this sec5 tion, the General Counsel shall exercise the authorities

6 granted to the Secretary of Labor by subsections (a)

7 and (f) of section 8 of the Occupational Safety and

8 Health Act of 1970 (29 U.S.C. 657 (a) and (f)) to in9 spect and investigate places of employment under the

10 jurisdiction of employers. Employees or representa11 tives of employees may submit written requests to the

12 General Counsel to conduct an inspection.

13 (2) CITATIONS, NOTICES, NOTIFICATIONS; AU14 THORITIES OF THE GENERAL COUNSEL.—For pur15 poses of this section and except as otherwise provided

16 in this section, the General Counsel shall exercise the

17 authorities granted to the Secretary of Labor in sec18 tions 9 and 10 of the Occupational Safety and Health

19 Act of 1970 (29 U.S.C. 658, and 659), to issue—

20 (A) a citation or notice to any employer

21 that the General Counsel believes has violated

22 subsection (a); or

23 (B) a notification to any employer that the

24 General Counsel has reason to believe has failed

25 to correct a violation for which a citation has
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1 been issued within the period permitted for its

2 correction.

3 If the General Counsel believes that remedy of a viola4 tion requires action by the Architect of the Capitol,

5 the General Counsel shall also name the Architect of

6 the Capitol in the citation, notice, or notification.

7 (3) HEARINGS, REVIEW; AUTHORITIES OF THE

8 BOARD.—For purposes of this section and except as

9 otherwise provided in this section, the Board shall ex10 ercise the authorities granted to the Occupational

11 Safety and Health Review Commission in section

12 10(c) of the Occupational Safety and Health Act of

13 1970 (29 U.S.C. 659(c)) and to the Secretary of

14 Labor (with respect to affirming or modifying abate15 ment requirements), to hear objections and requests

16 with respect to citations and notifications. The Board

17 shall refer disputed matters under this paragraph to

18 a hearing officer pursuant to section 303, subject to

19 review by the Board pursuant to section 304.

20 (4) VARIANCE PROCEDURES.—For the purposes

21 of this section and except as otherwise provided by

22 this section, the Board shall exercise the authorities

23 granted to the Secretary of Labor in section 6(b)(6)

24 of the Occupational Safety and Health Act of 1970

25 (29 U.S.C. 655(b)(6)) to act on any request by an em-
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1 ployer applying for a temporary order granting a

2 variance from a standard or any provision thereof is3 sued under subsection (d). The Board may refer the

4 matter to a hearing officer pursuant to section 303,

5 subject to review by the Board pursuant to section

6 304.

7 (5) PROCEDURES REGARDING CLAIMS OF INTIMI8 DATION OR REPRISAL; AUTHORITIES OF GENERAL

9 COUNSEL.—For purposes of this section and except as

10 provided in this section, the General Counsel shall ex11 ercise the authorities granted to the Secretary of

12 Labor in section 11(c) of the Occupational Safety and

13 Health Act of 1970 (29 U.S.C. 660(c)) to act, in the

14 manner described in this paragraph, on complaints

15 alleging discrimination for the exercise of rights

16 under this section. Any employee who believes that he

17 or she has been discharged or otherwise discriminated

18 against in violation of section 11(c) of such Act, as

19 made applicable by this section, may, within 30 days

20 after such violation occurs, file a complaint with the

21 Office alleging such discrimination. The General

22 Counsel shall investigate the complaint. If, upon in23 vestigation, the General Counsel believes that a viola24 tion of section 11(c) of such Act may have occurred,

25 the General Counsel shall request mediation under
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1 section 302 between the employee and the employer

2 that is alleged to have committed the violation. If the

3 General Counsel determines that a violation has oc4 curred and if mediation under the preceding sentence

5 has not succeeded in resolving the dispute, the General

6 Counsel shall file with the Office a complaint against

7 the employer. The complaint shall be submitted to a

8 hearing officer for decision pursuant to section 303,

9 subject to review by the Board pursuant to section

10 304. Any party aggrieved by a final decision of the

11 Board under this paragraph may file a petition for

12 review with the United States Court of Appeals for

13 the Federal Circuit, pursuant to section 305.

14 (6) EXCLUSIVE PROCEDURES.—No covered em15 ployee or representative of such employees may com16 mence any administrative or judicial proceeding to

17 seek a remedy for a violation of the rights and protec18 tions afforded in this section except as provided in

19 this subsection.

20 (d) RULES TO IMPLEMENT SECTION.—

21 (1) IN GENERAL.—Not later than January 3,

22 1996, the Board shall, pursuant to section 204, issue

23 rules necessary to implement the rights and protec24 tions under this section.
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1 (2) CONSISTENCY WITH AGENCY REGULATIONS.—

2 The rules promulgated under paragraph (1) shall be

3 consistent with standards and other substantive regu4 lations promulgated by the Secretary of Labor to im5 plement the statutory provisions referred to in sub6 sections (a) and (b) except to the extent that the

7 Board may determine, for good cause shown and stat8 ed together with the rule, that a different rule would

9 serve the purposes of such statutory provisions and of

10 this Act.

11 (e) EFFECTIVE DATES.—Subsections (a) through (c)

12 shall be effective on the effective date of the rules issued

13 under subsection (d) or on July 1, 1996, whichever is ear14 lier.

15 (f) INSPECTION; REPORT TO CONGRESS.—

16 (1) INSPECTIONS.—On a regular basis, and at

17 least once each Congress, the General Counsel shall in18 spect the facilities of the House of Representatives, the

19 Senate, the Architect of the Capitol, the Congressional

20 Budget Office, the Office of Technology Assessment,

21 and the Office of Congressional Fair Employment

22 Practices to ensure compliance with subsection (a).

23 (2) REPORT.—On the basis of these inspections,

24 the General Counsel shall, at least once every Con25 gress, prepare and submit a report to the Speaker of
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1 the House of Representatives and the President pro

2 tempore of the Senate containing the results of the in3 spection and describing any steps that need to be

4 taken to comply fully with this section.

5 (3) DETAILS.—The Secretary of Labor shall, on

6 request of the Office, detail to the Office such person7 nel as may be necessary to advise and assist the Of8 fice in carrying out its duties under this section.

9 SEC. 107. APPLICATION OF FEDERAL SERVICE LABOR-MAN10 AGEMENT RELATIONS STATUTE; PROCE11 DURES FOR IMPLEMENTATION AND EN12 FORCEMENT.

13 (a) LABOR-MANAGEMENT RIGHTS.—The rights, pro14 tections, and responsibilities established under sections

15 7102, 7103, 7106, 7111 through 7117, and 7119 through

16 7122 of title 5, United States Code, shall apply, pursuant

17 to this section, to employing offices and to covered employ18 ees and representatives of those employees. For purposes of

19 the application under this section of chapter 71, United

20 States Code, the term ‘‘agency’’ shall be deemed to include

21 an employing office.

22 (b) AUTHORITIES AND PROCEDURES FOR IMPLEMEN23 TATION AND ENFORCEMENT.—

24 (1) GENERAL AUTHORITIES OF THE BOARD; PE25 TITIONS.—For purposes of this section and except as
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1 otherwise provided in this section, the Board shall ex2 ercise the authorities of the Federal Labor Relations

3 Authority under sections 7105, 7111 through 7113,

4 7115, 7117, 7118, and 7122 of title 5, United States

5 Code, and of the President under section 7103(b) of

6 title 5, United States Code. For purposes of this sec7 tion, any petition or other submission that, under

8 chapter 71 of title 5, United States Code, would be

9 submitted to the Federal Labor Relations Authority

10 shall, if brought under this section, be submitted to

11 the Board. The Board may refer any matter under

12 this paragraph to a hearing officer for decision pur13 suant to section 303, subject to review by the Board

14 pursuant to section 304. The Board may direct that

15 the General Counsel carry out the Board’s investiga16 tive authorities under this paragraph.

17 (2) GENERAL AUTHORITIES OF THE GENERAL

18 COUNSEL; CHARGES OF UNFAIR LABOR PRACTICE.—

19 For purposes of this section and except as otherwise

20 provided in this section, the General Counsel shall ex21 ercise the authorities of the General Counsel of the

22 Federal Labor Relations Authority under sections

23 7104 and 7118 of title 5, United States Code. For

24 purposes of this section, any charge or other submis25 sion that, under chapter 71 of title 5, United States
69

•HR 4822 RS1S

1 Code, would be submitted to the General Counsel of

2 the Federal Labor Relations Authority shall, if

3 brought under this section, be submitted to the Gen4 eral Counsel. If any person charges an employing of5 fice or a labor organization with having engaged in

6 or engaging in an unfair labor practice, the General

7 Counsel shall investigate the charge and may issue a

8 complaint. The complaint shall be submitted to a

9 hearing officer for decision pursuant to section 303,

10 subject to review by the Board pursuant to section

11 304.

12 (3) EXERCISE OF IMPASSES PANEL AUTHORITY;

13 REQUESTS.—For purposes of this section and except

14 as otherwise provided in this section, the Board shall

15 exercise the authorities of the Federal Service Im16 passes Panel under section 7119 of title 5, United

17 States Code. For purposes of this section, any request

18 that, under chapter 71 of title 5, United States Code,

19 would be presented to the Federal Service Impasses

20 Panel shall, if made under this section, be presented

21 to the Board. At the request of the Board, the Director

22 shall appoint a mediator or mediators to perform the

23 functions of the Federal Service Impasses Panel under

24 section 7119 of title 5, United States Code.
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1 (4) JUDICIAL REVIEW.—Except for matters re2 ferred to in paragraphs (1) and (2) of section 7123(a)

3 of title 5, United States Code, any party aggrieved by

4 a final decision of the Board pursuant to this section

5 may file a petition for judicial review in the United

6 States Court of Appeals for the Federal Circuit pur7 suant to section 305.

8 (5) EXCLUSIVE PROCEDURES.—No covered em9 ployee or representative of such employees may com10 mence an administrative or judicial proceeding to

11 seek a remedy for any violation of or to enforce any

12 rights and protections provided by this section except

13 as provided in this subsection.

14 (c) RULES TO IMPLEMENT SECTION.—

15 (1) IN GENERAL.—Not later than January 3,

16 1996, except with respect to the offices listed in sub17 section (d)(2), the Board shall pursuant to section

18 204, issue rules necessary to implement the rights and

19 protections under this section.

20 (2) CONSISTENCY WITH AGENCY REGULATIONS.—

21 The rules promulgated under paragraph (1) shall be

22 consistent with substantive regulations promulgated

23 by the Federal Labor Relations Authority to imple24 ment the statutory provisions referred to in subsection

25 (a) except to the extent that as the Board may deter-
71

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1 mine, for good cause shown and stated together with

2 the rule, that a different rule would serve the purposes

3 of such statutory provisions and of this Act.

4 (d) RULEMAKING REGARDING APPLICATION TO CER5 TAIN OFFICES AND INSTRUMENTALITIES OF CONGRESS.—

6 (1) RULES REQUIRED.—Not later than July 1,

7 1996, the Board shall issue substantive rules pursuant

8 to section 204(c) on the manner and extent to which

9 the requirements and exemptions of chapter 71 of title

10 5, United States Code, should apply to covered em11 ployees who are employed in the offices listed in para12 graph (2). In issuing such regulations, the Board

13 shall, to the greatest extent practicable, be consistent

14 with the provisions and purposes of chapter 71 of title

15 5, United States Code, and regulations issued by the

16 Federal Labor Relations Authority under such chap17 ter, and the purposes of this Act, and shall also con18 sider—

19 (A) the possibility of any conflict of interest

20 or appearance of a conflict of interest;

21 (B) national security; and

22 (C) Congress’s constitutional responsibil23 ities.

24 (2) OFFICES REFERRED TO.—The offices referred

25 to in paragraph (1) are—
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1 (A) the personal office of any Member of the

2 House of Representatives or of any Senator;

3 (B) a standing, select, special, permanent,

4 temporary, or other committee of the Senate or

5 House of Representatives, or a joint committee of

6 Congress;

7 (C) the Office of the Vice President (as

8 President of the Senate), the Office of the Presi9 dent pro tempore of the Senate, the Office of the

10 Majority Leader of the Senate, the Office of the

11 Minority Leader of the Senate, the Office of the

12 Majority Whip of the Senate, the Office of the

13 Minority Whip of the Senate, the Conference of

14 the Majority of the Senate, the Conference of the

15 Minority of the Senate, the Office of the Sec16 retary of the Conference of the Majority of the

17 Senate, the Office of the Secretary of the Con18 ference of the Minority of the Senate, the Office

19 of the Secretary for the Majority of the Senate,

20 the Office of the Secretary for the Minority of the

21 Senate, the Majority Policy Committee of the

22 Senate, and the Minority Policy Committee of

23 the Senate;

24 (D) the office of the Speaker of the House of

25 Representatives, the Office of the Majority Lead-
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1 er of the House of Representatives, the Office of

2 the Minority Leader of the House of Representa3 tives, the Offices of the Chief Deputy Majority

4 Whips, the Offices of the Chief Deputy Minority

5 Whips;

6 (E) the Office of the Legislative Counsel of

7 the Senate, the Office of the Senate Legal Coun8 sel, the Office of the Legislative Counsel of the

9 House of Representatives, the Office of the Gen10 eral Counsel of the House of Representatives, the

11 Office of the Parliamentarian of the House of

12 Representatives or of the Senate;

13 (F) the offices of any caucus or party orga14 nization; and

15 (G) the Congressional Budget Office, the Of16 fice of Technology Assessment, and the Office of

17 Congressional Fair Employment Practices.

18 (e) EFFECTIVE DATE.—

19 (1) IN GENERAL.—Except as provided in para20 graph (2), subsections (a) and (b) shall be effective on

21 the effective date of the rules issued under subsection

22 (c), or on July 1, 1996, whichever is earlier.

23 (2) CERTAIN OFFICES.—With respect to the of24 fices listed in subsection (d)(2), to the covered employ25 ees of such offices, and to representatives of such em-
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1 ployees, subsections (a) and (b) shall be effective on

2 the effective date of rules issued under subsection (d)

3 and approved under section 204(f).

4 SEC. 108. STUDY AND RECOMMENDATIONS REGARDING

5 GENERAL ACCOUNTING OFFICE, GOVERN6 MENT PRINTING OFFICE, AND LIBRARY OF

7 CONGRESS.

8 (a) IN GENERAL.—The Board shall undertake a study

9 of—

10 (1) the application of the laws listed in sub11 section (b) to—

12 (A) the General Accounting Office;

13 (B) the Government Printing Office;

14 (C) the Library of Congress; and

15 (D) any other entity in the legislative

16 branch of the Government not covered by all of

17 the sections of this title; and

18 (2) the regulations and procedures used by the

19 instrumentalities and other entities referred to in

20 paragraph (1) to apply and enforce such laws to

21 themselves and their employees.

22 (b) APPLICABLE STATUTES.—The study under this

23 section shall consider the application of the following laws:
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1 (1) Title VII of the Civil Rights Act of 1964 (42

2 U.S.C. 2000e et seq.), and related provisions of section

3 2302 of title 5, United States Code.

4 (2) The Age Discrimination in Employment Act

5 of 1967 (29 U.S.C. 621 et seq.), and related provi6 sions of section 2302 of title 5, United States Code.

7 (3) The Americans with Disabilities Act of 1990

8 (42 U.S.C. 12101 et seq.), and related provisions of

9 section 2302 of title 5, United States Code.

10 (4) The Family and Medical Leave Act of 1993

11 (29 U.S.C. 2611 et seq.), and related provisions of sec12 tions 6381 through 6387 of title 5, United States

13 Code.

14 (5) The Fair Labor Standards Act of 1938 (29

15 U.S.C. 201 et seq.), and related provisions of sections

16 5541 through 5550a of title 5, United States Code.

17 (6) Section 19 of the Occupational Safety and

18 Health Act of 1970 (29 U.S.C. 668), and related pro19 visions of section 7902 of title 5, United States Code.

20 (7) Chapter 71 of title 5, United States Code.

21 (8) The General Accounting Office Personnel Act

22 of 1980 (31 U.S.C. subchapter III of chapter 7).

23 (c) CONTENTS OF STUDY AND RECOMMENDATIONS.—

24 The study under this section shall evaluate whether the

25 rights, protections, and procedures applicable to the Con-
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1 gressional instrumentalities and other entities referred to

2 in subsection (a) and their employees are at least as com3 prehensive and effective as those required by this title and

4 title III, and shall include recommendations for any im5 provements in such regulations and procedures and for any

6 legislation.

7 (d) DEADLINE AND DELIVERY OF STUDY.—Not later

8 than July 1, 1996, the Board shall prepare and complete

9 the study and recommendations required under this section

10 and shall submit the study and recommendations to the

11 head of each instrumentality or other entity considered by

12 the study, and to the responsible oversight committees of the

13 House of Representatives and of the Senate.

14 TITLE II—OFFICE OF CONGRES15 SIONAL FAIR EMPLOYMENT

16 PRACTICES—ESTABLISHMENT

17 AND OPERATIONS

18 SEC. 201. ESTABLISHMENT OF OFFICE OF CONGRESSIONAL

19 FAIR EMPLOYMENT PRACTICES.

20 There is hereby established, as an independent office

21 within the legislative branch of the Government, the Office

22 of Congressional Fair Employment Practices.

23 SEC. 202. BOARD OF DIRECTORS.

24 (a) IN GENERAL.—There shall be a Board of Directors

25 of the Office (the ‘‘Board’’), to be composed of 5 members.
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1 (b) APPOINTMENT.—

2 (1) TWO MEMBERS BY LEADERS OF HOUSE OF

3 REPRESENTATIVES.—The Speaker of the House of

4 Representatives shall appoint two members, of

5 whom—

6 (A) one shall be appointed in accordance

7 with the recommendation of the Majority Leader

8 in consultation with the Minority Leader; and

9 (B) one shall be appointed in accordance

10 with the recommendation of the Minority Leader

11 in consultation with the Majority Leader.

12 (2) TWO MEMBERS BY LEADERS OF SENATE.—

13 The President pro tempore of the Senate shall appoint

14 two members, of whom—

15 (A) one shall be appointed in accordance

16 with the recommendation of the Majority Leader

17 in consultation with the Minority Leader; and

18 (B) one shall be appointed in accordance

19 with the recommendation of the Minority Leader

20 in consultation with the Majority Leader.

21 (3) CHAIR.—The Chair shall be appointed joint22 ly by the Speaker of the House of Representatives and

23 the President pro tempore of the Senate from among

24 candidates jointly recommended by the Majority

25 Leader and the Minority Leader of the House of Rep-
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1 resentatives and candidates jointly recommended by

2 the Majority Leader and the Minority Leader of the

3 Senate.

4 (c) QUALIFICATIONS.—

5 (1) IN GENERAL.—Selection and appointment of

6 members shall be without regard to political affili7 ation and solely on the basis of fitness to perform the

8 duties of the office.

9 (2) SPECIFIC QUALIFICATIONS.—Members shall

10 have training or experience in the application of the

11 rights, protections, and remedies under one or more

12 of the statutes made applicable by sections 101

13 through 107.

14 (3) DISQUALIFICATIONS.—No individual shall be

15 eligible to serve on the Board who—

16 (A) is a current or former—

17 (i) Member of the House of Representa18 tives or a Senator;

19 (ii) elected officer of the House of Rep20 resentatives or the Senate; or

21 (iii) head of a congressional instru22 mentality referred to in subparagraphs (C)

23 through (F) of section 3(1) or paragraph

24 (1), (2), or (3) of section 108(a);
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1 (B) is, or has been within the 6 years prior

2 to appointment, a covered employee or otherwise

3 an employee of an instrumentality or other en4 tity of the legislative branch, other than an em5 ployee of an office of fair employment practices

6 or personnel appeals board; or

7 (C) engages in, or is otherwise employed in,

8 lobbying of the Congress and who is required

9 under the Federal Regulation of Lobbying Act to

10 register with the Clerk of the House of Represent11 atives or the Secretary of the Senate.

12 (d) TIME FOR ORIGINAL BOARD APPOINTMENTS.—All

13 members shall be appointed to the Board pursuant to sub14 section (b) not later than 120 days after the date of enact15 ment of this Act.

16 (e) APPOINTMENTS TO FILL VACANCIES ON THE

17 BOARD.—Any vacancy in the membership of the Board

18 shall be filled in the same manner as the original appoint19 ment for the vacant position.

20 (f) TERMS OF OFFICE FOR BOARD MEMBERS.—

21 (1) IN GENERAL.—Except as provided in para22 graphs (2) and (3), the term of appointment of each

23 member of the Board shall be 6 years. No member

24 shall be appointed to more than 2 consecutive 6-year

25 terms of office.
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1 (2) TERMS OF OFFICE FOR ORIGINAL BOARD AP2 POINTMENTS.—

3 (A) TWO MEMBERS THROUGH JANUARY 3,

4 1998.—The terms of the members originally ap5 pointed pursuant to subsection (b)(1) shall ter6 minate at noon on January 3, 1998.

7 (B) TWO MEMBERS THROUGH JANUARY 3,

8 2000.—The terms of the members originally ap9 pointed pursuant to subsection (b)(2) shall ter10 minate at noon on January 3, 2000.

11 (C) ONE MEMBER THROUGH JANUARY 3,

12 2002.—The term of the Chair originally ap13 pointed shall terminate at noon on January 3,

14 2002.

15 (3) TERMS OF OFFICE FOR MID-TERM APPOINT16 MENTS TO THE BOARD.—An individual appointed to

17 fill a vacancy occurring before the expiration of a

18 term of office shall be appointed for the remainder of

19 the term. However, if the unexpired part of a term is

20 less than one year, the individual may be appointed

21 for a 6-year term plus the unexpired part of the term.

22 (4) SERVICE AFTER EXPIRATION OF TERM.—A

23 member may continue to serve after the expiration of

24 his or her term until his successor has taken office, ex25 cept that he or she may not continue to serve for more
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1 than 1 year after the date on which his or her term

2 expired.

3 (g) REMOVAL OF BOARD MEMBERS.—

4 (1) IN GENERAL.—The Speaker of the House of

5 Representatives and the President pro tempore of the

6 Senate, acting in accordance with the recommenda7 tion of any 3 of the 4 Majority Leaders and Minority

8 Leaders of the two Houses of Congress, may remove

9 any member from the Board but only for—

10 (A) disability that substantially prevents

11 the member from carrying out the duties of such

12 a member;

13 (B) incompetence;

14 (C) neglect of duty;

15 (D) malfeasance in office;

16 (E) a felony or conduct involving moral

17 turpitude; or

18 (F) holding an office or employment or en19 gaging in an activity that disqualifies the indi20 vidual from service as a member of the Board

21 under subsection (c)(3).

22 (2) STATEMENT OF REASONS FOR REMOVAL.—In

23 removing any member from the Board, the Speaker of

24 the House of Representatives and the President pro

25 tempore of the Senate shall state in writing to the
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1 member being removed the specific reasons for the re2 moval.

3 (h) RESPONSIBILITIES OF CHAIR; ACTING CHAIR.—

4 The Chair shall preside at all sessions of the Board and

5 shall fulfill the responsibilities of the Chair as specifically

6 stated in other sections of this Act. The Chair may designate

7 any other member as Acting Chair. During any period

8 when the position of the Chair is vacant, the other members

9 shall, by majority vote, designate any member as Acting

10 Chair. The Acting Chair may act in the place and stead

11 of the Chair during his or her absence or when the position

12 of the Chair is vacant.

13 (i) MEETINGS.—The Board shall meet at least 4 times

14 annually. All meetings of the Board shall be in the District

15 of Columbia.

16 (j) QUORUM; ACTION BY MAJORITY VOTE.—A quorum

17 for the transaction of business shall consist of at least 3

18 members present. Each member, including the Chair, shall

19 have one vote. Actions of the Board shall be determined by

20 a majority vote of the members present. Any vacancy shall

21 not affect the power of the remaining members to fulfill the

22 duties of the Board, provided that a quorum is present.

23 (k) COMPENSATION OF MEMBERS.—Each member of

24 the Board other than the Chair shall be compensated at a

25 rate equal to the daily equivalent of the annual rate of basic
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1 pay prescribed for level V of the Executive Schedule under

2 section 5316 of title 5, United States Code, for each day

3 (including travel time) during which such member is en4 gaged in the performance of the duties of the Board. The

5 Chair shall be compensated in the same manner at a rate

6 equal to the daily equivalent of the annual rate of basic

7 pay prescribed for level IV of the Executive Schedule under

8 section 5316 of title 5, United States Code.

9 (l) TRAVEL EXPENSES.—Each member of the Board

10 of Directors shall receive travel expenses, including per

11 diem in lieu of subsistence, at rates authorized for employ12 ees of agencies under subchapter I of chapter 57 of title 5,

13 United States Code, for each day the member is engaged

14 in the performance of duties away from the home or regular

15 place of business of the member.

16 SEC. 203. OFFICERS, STAFF, AND OTHER PERSONNEL.

17 (a) DIRECTOR.—

18 (1) IN GENERAL.—The Chair, subject to the ap19 proval of the Board, shall appoint and may remove

20 a Director. Selection and appointment of the Director

21 shall be without regard to political affiliation and

22 solely on the basis of fitness to perform the duties of

23 the office. No person described in subparagraph (A) or

24 (B) of section 202(c)(3) may be appointed Director.
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1 (2) COMPENSATION.—The Chair may fix the

2 compensation of the Director. The rate of pay for the

3 Director may not exceed the annual rate of basic pay

4 prescribed for level V of the Executive Schedule under

5 section 5316 of title 5, United States Code.

6 (3) DUTIES.—The Director shall serve as the

7 chief operating officer of the Office. Except as other8 wise specified in this Act, the Director shall carry out

9 all of the responsibilities of the Office under this Act.

10 (b) GENERAL COUNSEL.—

11 (1) IN GENERAL.—The Chair, subject to the ap12 proval of the Board, shall appoint and may remove

13 a General Counsel. Selection and appointment of the

14 General Counsel shall be without regard to political

15 affiliation and solely on the basis of fitness to perform

16 the duties of the Office. No person described in sub17 paragraph (A) or (B) of section 202(c)(3) may be ap18 pointed General Counsel.

19 (2) COMPENSATION.—The Chair may fix the

20 compensation of the General Counsel. The rate of pay

21 for the General Counsel may not exceed the annual

22 rate of basic pay prescribed for level V of the Execu23 tive Schedule under section 5316 of title 5, United

24 States Code.

25 (3) DUTIES.—The General Counsel shall—
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1 (A) exercise the authorities and perform the

2 duties of the General Counsel as specified in this

3 Act; and

4 (B) otherwise assist the Board and the Di5 rector in carrying out their duties and powers.

6 (4) ATTORNEYS IN THE OFFICE OF THE GEN7 ERAL COUNSEL.—The General Counsel shall appoint,

8 and fix the compensation of, and may remove, such

9 additional attorneys as may be necessary to enable

10 the General Counsel to perform his or her duties.

11 (c) OTHER STAFF.—The Director shall appoint, and

12 fix the compensation of, and may remove, such other addi13 tional staff, including hearing officers, but not including

14 attorneys employed in the office of the General Counsel, as

15 may be necessary to enable the Office to perform its duties.

16 (d) DETAILED PERSONNEL.—The Director may, with

17 the prior consent of the Government department or agency

18 concerned, use on a reimbursable or nonreimbursable basis

19 the services of personnel of any such department or agency,

20 including the services of members or personnel of the Gen21 eral Accounting Office Personnel Appeals Board.

22 (e) CONSULTANTS.—In carrying out the functions of

23 the Office, the Director may procure the temporary (not to

24 exceed 1 year) or intermittent services of consultants.
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1 SEC. 204. RULEMAKING BY THE OFFICE.

2 (a) RULES OF THE OFFICE.—

3 (1) IN GENERAL.—Not later than 180 days after

4 the appointment of a quorum of the Board, the Board

5 shall issue final rules of organization, procedures, and

6 practice (within the meaning of section 553(b)(A) of

7 title 5, United States Code), including rules on the

8 procedures of the Board and rules of procedure and

9 practice for proceedings before hearing officers and be10 fore the Board. Such rules may also specify authori11 ties and duties of the Director, the General Counsel,

12 and other personnel of the Office, consistent with the

13 authorities and duties granted and imposed under

14 this Act to clarify or establish the manner in which

15 the Office, including the Board, individual hearing

16 officers, and the General Counsel, shall interpret,

17 apply, and implement the substantive provisions,

18 remedies, authorities, and procedures set forth and re19 ferred to in this Act.

20 (2) RULEMAKING PROCEDURE.—Rules under this

21 subsection—

22 (A) shall be issued in accordance with sub23 section (d);

24 (B) shall, subject to subparagraph (C), be25 come effective immediately, except for rules of

26 procedure and practice for proceedings before
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1 hearing officers and before the Board, which

2 shall become effective 60 calendar days of contin3 uous session after the rules are issued; and

4 (C) shall be subject to disapproval by Con5 gress by concurrent resolution passed pursuant

6 to subsection (e) not later than 60 calendar days

7 of continuous session after the rules are issued.

8 (b) RULES OF INTERPRETATION AND POLICY.—

9 (1) IN GENERAL.—The Board shall adopt such

10 interpretative rules and such general statements of

11 policy (within the meaning of section 553(b)(A) of

12 title 5, United States Code) as the Board may deter13 mine are necessary to clarify or establish the manner

14 in which the Office, including the Board, individual

15 hearing officers, and the General Counsel, shall inter16 pret, apply, and implement the substantive provi17 sions, remedies, authorities, and procedures set forth

18 and referred to in this Act.

19 (2) RULEMAKING PROCEDURE.—Rules under this

20 subsection—

21 (A) shall be issued in accordance with sub22 section (d);

23 (B) shall, subject to subparagraph (C), be24 come effective not less than 60 calendar days of

25 continuous session after the rules are issued, ex-
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1 cept as may be otherwise provided by the Board

2 for good cause found (within the meaning of sec3 tion 553(d)(3) of title 5, United States Code)

4 and published with the rule; and

5 (C) shall be subject to disapproval by Con6 gress by concurrent resolution passed pursuant

7 to subsection (e) not later than 60 calendar days

8 of continuous session after the rules are issued.

9 (c) SUBSTANTIVE RULES, HAVING THE FORCE AND

10 EFFECT OF LAW.—

11 (1) IN GENERAL.—The Board shall adopt such

12 substantive rules, having the force and effect of law,

13 as the Board may determine are necessary or desir14 able to apply statutory provisions under title I in a

15 manner that will fulfill the purposes of those provi16 sions and of this Act.

17 (2) RULEMAKING PROCEDURE.—Rules under this

18 subsection—

19 (A) shall be issued in accordance with sub20 section (d);

21 (B) shall be issued subject to approval by

22 Congress by passage of a joint resolution or stat23 ute in accordance with subsection (f); and

24 (C) shall become effective and have the force

25 and effect of law not less than 30 days after the
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•HR 4822 RS1S

1 approval referred to in subparagraph (C), except

2 that a lesser period may be provided by the

3 Board for good cause found (within the meaning

4 of section 553(d)(3) of title 5, United States

5 Code) and published with the rule.

6 (d) PUBLICATION AND ISSUANCE.—

7 (1) RULEMAKING PROCEDURE.—The Board shall

8 issue rules described in subsections (a), (b), and (c)

9 in accordance with the principles and procedures set

10 forth in section 553 of title 5, United States Code.

11 The Board shall publish a general notice of proposed

12 rulemaking under section 553(b) of title 5, United

13 States Code, but, instead of publication of a general

14 notice of proposed rulemaking in the Federal Register,

15 the Board shall transmit such notice to the Speaker

16 of the House of Representatives and the President pro

17 tempore of the Senate for publication in the Congres18 sional Record on the first day on which both Houses

19 are in session following such transmittal. Prior to is20 suing rules, the Board shall provide a comment pe21 riod of at least 30 days after publication of a general

22 notice of proposed rulemaking. Upon issuing final

23 rules, the Board shall transmit notice of such action

24 together with a copy of such rules to the Speaker of

25 the House of Representatives and the President pro
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1 tempore of the Senate for publication in the Congres2 sional Record on the first day on which both Houses

3 are in session following such transmittal. Rules shall

4 be considered issued by the Board as of the date on

5 which they are published in the Congressional Record.

6 (2) SPECIFICATION OF WHETHER A RULE IS TO

7 HAVE THE FORCE AND EFFECT OF LAW.—If the Board

8 intends that any rule is to have the force and effect

9 of law, in accordance with subsection (c), the Board

10 shall so specify in the general notice of proposed rule11 making and in the final rule. In the case of any final

12 rule intended to have the force and effect of law, the

13 Board may also specify in the final rule that, prior

14 to (or in the absence of) approval in accordance with

15 subsection (f), the rule shall become effective in ac16 cordance with subsection (a) or (b).

17 (e) CONGRESSIONAL DISAPPROVAL.—Rules issued

18 under subsection (a) or (b) may be disapproved, in whole

19 or in part, by passage by Congress of a concurrent resolu20 tion within 60 calendar days of continuous session after

21 such rules are issued. Such resolution shall be introduced

22 in the House of Representatives or the Senate on or after

23 the date of issuance of the rules to which the concurrent

24 resolution applies. The matter after the resolving clause of

25 the concurrent resolution shall be or shall include the follow-
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1 ing: ‘‘[Section(s) ll of] the rules issued by the Office on

2 Congressional Fair Employment Practices on ll and en3 titled ll, are hereby disapproved’’ (the blank spaces being

4 appropriately filled in, and the bracketed material being

5 used if necessary).

6 (f) CONGRESSIONAL APPROVAL OF SUBSTANTIVE

7 RULES.—Rules issued under subsection (c) shall not have

8 the force and effect of law until approved by the Congress

9 by passage of a joint resolution or by statute. In the case

10 of a joint resolution, the matter after the resolving clause

11 shall be the following; and, in the case of a bill, the matter

12 after the enacting clause shall be or shall include the follow13 ing: ‘‘The rules issued by the Office on Congressional Fair

14 Employment Practices on ll and entitled ll are here15 by approved and shall have the force and effect of law’’ (the

16 blank spaces being appropriately filled in). A joint resolu17 tion approving the rules shall be introduced and considered

18 by the Congress under the rules set forth in section 401.

19 (g) AMENDMENT OF RULES.—The rules described in

20 subsections (a), (b), and (c) may be amended in the same

21 manner as is described in subsections (d), (e), and (f), ex22 cept that the Board may, in its discretion, dispense with

23 publication of a general notice of proposed rulemaking of

24 minor, technical, or urgent amendments that satisfy the cri-
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1 teria for dispensing with publication of such notice pursu2 ant to section 553(b) of title 5, United States Code.

3 (h) RIGHT TO PETITION FOR RULEMAKING.—Any in4 terested party may petition to the Board for the issuance,

5 amendment, or repeal of a rule.

6 (i) APPLICATION OF EXECUTIVE AGENCY REGULA7 TIONS BY REFERENCE.—

8 (1) IN GENERAL.—The Board may, by specific

9 reference in rules issued under this section, apply reg10 ulations issued by any Executive agency, including, if

11 the Board so specifies, regulations yet to be issued by

12 the Executive agency. However, no regulation issued

13 by an Executive agency that would apply to, or affect

14 only, or substantially only, the Congress or any in15 strumentality or other entity of the legislative branch

16 may be made applicable by the Board by reference.

17 (2) DEFINITION.—For purposes of this sub18 section, the term ‘‘Executive agency’’ has the same

19 meaning given such term in section 105 of title 5,

20 United States Code.

21 (j) JUDICIAL DEFERENCE TO RULES.—In any action

22 under section 305 of this Act—

23 (1) the court shall afford due deference to any

24 rule issued and effective under subsection (a) or (b);

25 and
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1 (2) any rule issued and effective under subsection

2 (c) shall have the force and effect of law.

3 (k) CONSULTATION.—The Director and the Board—

4 (1) shall consult, with regard to the development

5 and issuance of rules, with—

6 (A) the Chairman of the Administrative

7 Conference of the United States;

8 (B) the Secretary of Labor;

9 (C) the Federal Labor Relations Authority;

10 and

11 (D) the Director of the Office of Personnel

12 Management; and

13 (2) may consult with any other persons with

14 whom consultation, in the opinion of the Board or the

15 Director, may be helpful.

16 SEC. 205. INFORMATION PROGRAM.

17 The Board shall conduct an information program to

18 inform Members of the House of Representatives, Senators,

19 elected officers of either House, heads of employing offices,

20 and covered employees about the provisions made applicable

21 to them under this Act.

22 SEC. 206. DATA COLLECTION AND REPORT.

23 The Director shall compile and annually publish sta24 tistics with respect to contacts and complaints filed with

25 the Office under this Act. Such statistics shall include the
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1 total numbers of contacts and complaints, and a breakdown

2 regarding—

3 (1) the kinds of allegations made in contacts

4 with the Office and complaints filed with the Office;

5 (2) the time required by the Office to conduct

6 proceedings and resolve various types of matters;

7 (3) the number of complaints resolved by settle8 ment, by decision under section 303, or by with9 drawal of the complaint; and

10 (4) for each category of allegation, the amounts

11 of monetary compensation granted in settlements and

12 awards.

13 SEC. 207. EXPENSES OF THE OFFICE.

14 (a) AUTHORIZATION OF APPROPRIATIONS.—Begin15 ning in fiscal year 1995, and for each fiscal year thereafter,

16 there are authorized to be appropriated for the expenses of

17 the Office such sums as may be necessary to carry out the

18 functions of the Office. Until sums are first appropriated

19 pursuant to the preceding sentence, but for a period not

20 exceeding 12 months following the date of enactment of this

21 Act, the expenses of the Office shall be paid 50 percent from

22 the contingent fund of the Senate, and 50 percent from the

23 contingent fund of the House, upon vouchers approved by

24 the Director.
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1 (b) WITNESS FEES AND ALLOWANCES.—Except for

2 covered employees, witnesses before a hearing officer or the

3 Board in any proceeding under title I other than rule4 making shall be paid the same fee and mileage allowances

5 as are paid subpoenaed witnesses in the courts of the United

6 States. Covered employees who are summoned, or are as7 signed by their employer, to testify in their official capacity

8 or to produce official records before a mediator, hearing offi9 cer, or the Board in any proceeding under this Act shall

10 be entitled to travel expenses under subchapter I and section

11 5751 of chapter 57 of title 5, United States Code.

12 TITLE III—ADMINISTRATIVE AND

13 JUDICIAL DISPUTE-RESOLU14 TION PROCEDURES

15 SEC. 301. COUNSELING.

16 (a) INITIATION.—Any employee referred to in section

17 104(1) may, within the time specified in section 307, re18 quest counseling.

19 (b) PURPOSE.—The Office shall provide the employee

20 with all relevant information with respect to the rights and

21 remedies as provided under this Act and shall provide an

22 opportunity for discussion, evaluation, and guidance to as23 sist the employee in evaluating and resolving the matter.

24 (c) PERIOD OF COUNSELING.—The period for counsel25 ing shall begin on the date on which the request for counsel-
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1 ing is received and shall be 30 days unless the employee

2 and the Office agree to reduce the period.

3 (d) NOTIFICATION OF END OF COUNSELING PERIOD.—

4 The Office shall notify the employee in writing when the

5 counseling period has ended.

6 (e) EMPLOYEES OF THE ARCHITECT OF THE CAPITOL

7 AND CAPITOL POLICE.—In the case of an employee of the

8 Architect of the Capitol or an employee who is a member

9 of the Capitol Police, the Director may refer the employee

10 to the Architect of the Capitol or the Capitol Police Board

11 for resolution of the employee’s grievance through internal

12 grievance procedures of the Architect of the Capitol or the

13 Capitol Police Board for a specific period of time, which

14 shall not count against the time available for counseling

15 or mediation under this Act.

16 SEC. 302. MEDIATION.

17 (a) APPLICABILITY.—Except as otherwise expressly

18 provided in this Act, the provisions of this section shall gov19 ern all mediation conducted by the Office pursuant to this

20 Act.

21 (b) INITIATION.—Not later than 15 days after the Of22 fice notifies an employee of the end of the counseling period

23 under section 301(d), the employee may file a request for

24 mediation with the Office. Mediation may also be initiated

25 pursuant to sections 105(d)(2) and 106(c)(5).
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1 (c) MEDIATION PROCESS.—The Director shall specify

2 one or more individuals to mediate any dispute. In identi3 fying individuals to mediate, the Director shall consider in4 dividuals who are recommended to the Director by the Fed5 eral Mediation and Conciliation Service, the Administra6 tive Conference of the United States, or other appropriate

7 organizations.

8 (d) MEDIATION PERIOD.—

9 (1) IN GENERAL.—The mediation period shall be

10 60 days, beginning on the date the request for medi11 ation is received by the Office.

12 (2) EXTENSION.—The mediation period may be

13 extended for an additional 30 days at the discretion

14 of the Director. If the Director authorizes factfinding

15 under subsection (e), the Director may extend the me16 diation period for up to 60 additional days. The me17 diation period may be extended for additional periods

18 at the joint request of the employee and the employing

19 office.

20 (e) FACTFINDING IN AID OF MEDIATION.—Upon the

21 recommendation of the mediator (at the request of the em22 ployee or the employing office, or on the mediator’s own

23 initiative), the Director may authorize factfinding in aid

24 of resolving the dispute through mediation. The Director

25 may assign an employee of the Office or appoint a consult-
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1 ant to conduct the factfinding on issues identified by the

2 mediator. The individual conducting the factfinding shall

3 report to the mediator the results of the factfinding. Such

4 results shall not be admissible in any subsequent proceeding

5 under this Act or in any other proceeding.

6 (f) NOTIFICATION OF END OF MEDIATION PERIOD.—

7 The Office shall notify the employee and the head of the

8 employing office in writing when the mediation period has

9 ended.

10 (g) INDEPENDENCE OF MEDIATION PROCESS.—No in11 dividual appointed by the Director to mediate or to be a

12 factfinder in aid of the mediator may conduct or aid in

13 the hearing conducted under section 303 with respect to the

14 same matter or shall be subject to subpoena or any other

15 compulsory process with respect to the same matter.

16 SEC. 303. COMPLAINT AND HEARING.

17 (a) APPLICABILITY.—Except as otherwise expressly

18 provided in this Act, the provisions of this section shall gov19 ern all hearings conducted by a hearing officer pursuant

20 to this Act.

21 (b) COMPLAINT.—Any complaint shall be filed with the

22 Office against the employing office. Any complaint required

23 by this Act to be preceded by counseling and mediation may

24 not be filed unless the employee has made a timely request
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1 for counseling and has completed the procedures set forth

2 in sections 301 and 302.

3 (c) HEARING OFFICER.—Upon the filing of a com4 plaint, the Director shall appoint an independent hearing

5 officer to consider the complaint and render a decision. No

6 Member of the House of Representatives, Senator, officer of

7 either the House of Representatives or the Senate, head of

8 an employing office, member of the Board, or covered em9 ployee may be appointed to be a hearing officer under this

10 Act. The Director shall develop master lists, composed of

11 individuals experienced in adjudicating and arbitrating the

12 kinds of personnel and other matters for which hearings

13 may be held under this Act, after considering candidates

14 recommended to the Director by the Federal Mediation and

15 Conciliation Service, the Administrative Conference of the

16 United States, or organizations composed primarily of in17 dividuals experienced in adjudicating or arbitrating such

18 matters. The Director shall select hearing officers on a rota19 tional or random basis from these lists. Nothing in this sec20 tion shall prevent the appointment of hearing officers as

21 full-time employees of the Office, or the selection of hearing

22 officers on the basis of specialized expertise needed for par23 ticular matters.

24 (d) HEARING.—Unless a complaint is dismissed prior

25 to hearing, a hearing shall be conducted—
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1 (1) on the record by the hearing officer;

2 (2) as expeditiously as practical, commencing

3 not later than 90 days after the filing of the com4 plaint; and

5 (3) except as specifically provided in this Act

6 and to the greatest extent practicable, in accordance

7 with the principles and procedures set forth in sec8 tions 554 through 557 of title 5, United States Code.

9 (e) DISCOVERY.—Reasonable prehearing discovery

10 may be permitted at the discretion of the hearing officer.

11 (f) SUBPOENAS.—

12 (1) IN GENERAL.—At the request of a party, a

13 hearing officer may issue subpoenas for the attend14 ance of witnesses and for the production of cor15 respondence, books, papers, documents, and other

16 records. The attendance of witnesses and the produc17 tion of records may be required from any place with18 in the United States. Subpoenas shall be served in the

19 manner provided under rule 45(b) of the Federal

20 Rules of Civil Procedure.

21 (2) OBJECTIONS.—If a person refuses, on the

22 basis of relevance, privilege, or other objection, to tes23 tify in response to a question or to produce records

24 in connection with a proceeding before a hearing offi25 cer, the hearing officer shall rule on the objection. At
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1 the request of the witness or any party, the hearing

2 officer shall (or on the hearing officer’s own initiative,

3 the hearing officer may) refer the ruling to the Board

4 for review.

5 (3) ENFORCEMENT.—

6 (A) IN GENERAL.—If a person fails to com7 ply with a subpoena, the Board may authorize

8 the General Counsel to apply to an appropriate

9 United States district court for an order requir10 ing that person to appear before the hearing offi11 cer to give testimony or produce records. The ap12 plication may be made within the judicial dis13 trict where the hearing is conducted or where

14 that person is found, resides, or transacts busi15 ness. Any failure to obey a lawful order of the

16 district court issued pursuant to this section

17 may be held by such court to be a civil contempt

18 thereof.

19 (B) SERVICE OF PROCESS.—Process in an

20 action or contempt proceeding pursuant to sub21 paragraph (A) may be served in any judicial

22 district in which the person refusing or failing

23 to comply, or threatening to refuse or not to com24 ply, resides, transacts business, or may be found,

25 and subpoenas for witnesses who are required to
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1 attend such proceedings may run into any other

2 district.

3 (g) DECISION.—The hearing officer shall issue a writ4 ten decision as expeditiously as possible, but in no case

5 more than 60 days after the conclusion of the hearing. The

6 written decision shall be transmitted by the Office to the

7 parties. The decision shall state the issues raised in the com8 plaint, describe the evidence in the record, contain findings

9 of fact and conclusions of law, contain a determination of

10 whether a violation has occurred, and order such remedies

11 as are appropriate pursuant to section 101(c), 102(c),

12 103(c), 105(c), 106(c), or 107. The decision shall be entered

13 in the records of the Office.

14 (h) PRECEDENTS.—A hearing officer who conducts a

15 hearing under this section shall be guided by judicial deci16 sions under the statutes made applicable by title I and by

17 Board decisions under this Act.

18 SEC. 304. APPEAL TO THE BOARD.

19 (a) IN GENERAL.—In any case in which a final deci20 sion by a hearing officer is subject to review by the Board,

21 the party seeking such review shall file a petition for review

22 not later than 30 days after notice of the entry of the deci23 sion in the records of the Office under section 303(g).

24 (b) PARTIES’ OPPORTUNITY TO SUBMIT ARGUMENT.—

25 The parties shall have a reasonable opportunity to be heard,
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1 through written submission and, in the discretion of the

2 Board, through oral argument.

3 (c) STANDARD OF REVIEW.—The Board shall set aside

4 a decision of a hearing officer if the Board determines that

5 the decision was—

6 (1) arbitrary, capricious, an abuse of discretion,

7 or otherwise not consistent with law;

8 (2) not made consistent with required proce9 dures; or

10 (3) unsupported by substantial evidence.

11 (d) RECORD.—In making determinations under sub12 section (c), the Board shall review the whole record, or those

13 parts of it cited by a party, and due account shall be taken

14 of the rule of prejudicial error. The record on review shall

15 include the record before the hearing officer and the decision

16 of the hearing officer.

17 (e) DECISION.—The Board shall issue a written deci18 sion setting forth the reasons for its decision. The decision

19 may affirm, reverse, or remand to the hearing officer for

20 further proceedings. A decision that does not require further

21 proceedings before a hearing officer shall be entered in the

22 records of the Office as a final decision.

23 SEC. 305. JUDICIAL REVIEW OF A FINAL DECISION.

24 (a) IN GENERAL.—This section applies to petitions

25 under section 104(5), 105(d)(4), 106(c)(5), or 107(b)(4) for
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1 judicial review of a final decision of the Board in the Unit2 ed States Court of Appeals for the Federal Circuit.

3 (b) LAW APPLICABLE.—Chapter 158 of title 28, United

4 States Code, shall apply to review under subsection (a) ex5 cept that—

6 (1) with respect to section 2344 of title 28, Unit7 ed States Code, the clerk shall serve a copy of the peti8 tion on the General Counsel;

9 (2) the provisions of section 2348 of title 28,

10 United States Code, on the authority of the Attorney

11 General, shall not apply;

12 (3) the petition for review shall be filed not later

13 than 90 days after the entry in the Office of a final

14 decision under section 304(e) of this Act;

15 (4) the Office shall be an ‘‘agency’’ as that term

16 is used in chapter 158 of title 28, United States Code,

17 and reference to the Attorney General shall be deemed

18 to refer to the General Counsel; and

19 (5) the Office shall be the respondent in any pro20 ceeding under this section.

21 (c) ADDITIONAL SERVICE.—At or before the time of fil22 ing a petition for review, the petitioner shall serve a copy

23 thereof on all parties who shall have been admitted to par24 ticipate in the proceedings before the Office, and shall file

25 with the clerk of the court a list of those so served.
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1 (d) STANDARD OF REVIEW.—To the extent necessary

2 to decision and when presented, the court shall decide all

3 relevant questions of law and interpret constitutional and

4 statutory provisions. The court shall set aside a final deci5 sion of the Board under section 304 if it determines that

6 the decision was—

7 (1) arbitrary, capricious, an abuse of discretion,

8 or otherwise not consistent with law;

9 (2) not made consistent with required proce10 dures; or

11 (3) unsupported by substantial evidence.

12 (e) RECORD.—In making determinations under sub13 section (d), the court shall review the whole record, or those

14 parts of it cited by a party, and due account shall be taken

15 of the rule of prejudicial error. The record on review shall

16 include the record before the Board and the decision of the

17 Board.

18 (f) ATTORNEYS’ FEES.—In proceedings under this sec19 tion relating to an alleged violation of a statute made ap20 plicable by title I of this Act, attorney’s fees may be allowed

21 by the court in accordance with the standards prescribed

22 under Federal law for the award of fees under such statute.

23 SEC. 306. CIVIL ACTIONS.

24 (a) IN GENERAL.—This section governs all civil ac25 tions commenced pursuant to section 104(3)(B).
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1 (b) PARTIES.—In any such action, the defendant

2 shall—

3 (1) in an action by an employee of the Senate,

4 be the Senate;

5 (2) in an action by an employee of the House of

6 Representatives, be the House of Representatives; and

7 (3) in an action by any other covered employee,

8 be the employing office.

9 (c) JURY TRIAL.—Any party may demand a jury trial

10 where a jury trial would be available in an action against

11 an Executive agency (as defined in section 105 of title 5,

12 United States Code) under the relevant statute made appli13 cable by this Act.

14 (d) INTERVENTION OF RIGHT.—In any action de15 scribed in subsection (b) (1) or (2), the head of the employ16 ing office shall be entitled to intervene as of right.

17 SEC. 307. TIME LIMITATIONS.

18 (a) COUNSELING REQUESTS.—A request for counseling

19 shall be made not later than—

20 (1) 180 days after the date of the alleged viola21 tion under provisions of sections 101 or 103 for which

22 the counseling is requested; or

23 (2) 2 years after the date of the alleged violation

24 under section 102 for which the counseling is re-
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1 quested, or 3 years after an alleged willful violation

2 under section 102.

3 (b) CHARGES FILED WITH THE GENERAL COUNSEL.—

4 (1) DISCRIMINATION IN PUBLIC SERVICES.—Any

5 charge of a violation of section 105(d) must be filed

6 with the General Counsel in writing by no later than

7 180 days after the alleged violation.

8 (2) DISCHARGE OR DISCRIMINATION FOR EXER9 CISING RIGHTS RELATING TO OCCUPATIONAL SAFETY

10 AND HEALTH.—Any charge of a violation of section

11 106(d) must be filed with the General Counsel in

12 writing by no later than 30 days after the alleged vio13 lation.

14 SEC. 308. SETTLEMENT OF COMPLAINTS.

15 If, after a complaint is filed under section 303, the

16 parties resolve the issues involved, the settlement shall be

17 in writing and shall be subject to the approval of the Direc18 tor.

19 SEC. 309. CONFIDENTIALITY.

20 (a) COUNSELING.—All counseling shall be strictly con21 fidential except that the Office and the employee may agree

22 to notify the head of the employing office of the allegations.

23 (b) MEDIATION.—All mediation conducted under this

24 Act shall be strictly confidential.
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1 (c) HEARINGS.—The hearings and deliberations of

2 hearing officers and of the Board on complaints under this

3 Act shall be strictly confidential.

4 (d) RELEASE OF RECORDS FOR JUDICIAL REVIEW.—

5 The complete record of the proceedings before the hearing

6 officer and the Board, including the decision, may be made

7 public for the purpose of judicial review under section 305

8 and enforcement of subpoenas under section 303(f).

9 (e) REPORTS TO CONGRESS.—Nothing in this section

10 shall preclude the disclosure to Congress of information re11 quired under section 310.

12 SEC. 310. DISCLOSURE TO COMMITTEES OF CONGRESS.

13 The Board—

14 (1) may, at its discretion, provide to the Com15 mittee on Standards of Official Conduct of the House

16 of Representatives or the Select Committee on Ethics

17 of the Senate; and

18 (2) shall, at the request of either of such commit19 tees;

20 provide to such committee the record of a hearing and the

21 decision of the hearing officer, and the record of consider22 ation and the decision of the Board on appeal, after comple23 tion of procedures described in sections 303 and 304.
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1 SEC. 311. REPRESENTATION.

2 A covered employee or other complainant is entitled

3 to be assisted by counsel or other representative at any stage

4 of any proceeding administered by the Office, including the

5 proceedings under sections 301, 302, 303, and 304.

6 TITLE IV—MISCELLANEOUS

7 PROVISIONS

8 SEC. 401. EXPEDITED PROCEDURES FOR CONGRESSIONAL

9 CONSIDERATION OF SUBSTANTIVE RULES.

10 (a) INTRODUCTION OF JOINT RESOLUTIONS.—On the

11 same day as a final substantive rule issued under section

12 204(c) is published in the Congressional Record, the Major13 ity Leader of the House of Representatives or his designee

14 (for himself and the Minority Leader or his designee) and

15 the Majority Leader of the Senate or his designee (for him16 self and the Minority Leader or his designee) shall each in17 troduce a joint resolution in the form specified in section

18 204(f).

19 (b) REFERRAL.—The joint resolutions introduced

20 under subsection (a) shall be referred by the Presiding Offi21 cers of the respective Houses to, in the House of Representa22 tives, the Committee on House Administration, and, in the

23 Senate, jointly to the Committee on Governmental Affairs

24 and the Committee on Rules. A committee to which such

25 joint resolution is referred under this subsection shall report
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1 such joint resolution to its respective House without amend2 ment.

3 (c) DISCHARGE OF COMMITTEE.—If any committee to

4 which a joint resolution introduced under subsection (a) is

5 referred has not reported such resolution at the end of the

6 45th calendar day of continuous session after its introduc7 tion, such committee shall be automatically discharged from

8 further consideration of the joint resolution and, upon being

9 reported or discharged from all committees, such joint reso10 lution shall be placed on the appropriate calendar.

11 (d) FLOOR CONSIDERATION.—

12 (1) IN GENERAL.—On or after the 5th calendar

13 day of continuous session after the date on which a

14 joint resolution introduced under subsection (a) has

15 been placed on the calendar, it shall be in order (even

16 though a previous motion to the same effect has been

17 disagreed to) for any Member of the relevant House

18 to move to proceed to the consideration of the joint

19 resolution. All points of order against the joint resolu20 tion (and against consideration of the joint resolu21 tion) are waived. The motion is highly privileged in

22 the House of Representatives and is privileged in the

23 Senate and is not debatable. The motion is not subject

24 to amendment, or to a motion to postpone, or to a

25 motion to proceed to the consideration of other busi-
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1 ness. A motion to reconsider the vote by which the

2 motion is agreed to or disagreed to is not in order.

3 If a motion to proceed to the consideration of the joint

4 resolution is agreed to, the joint resolution shall re5 main the unfinished business of the relevant House

6 until disposed of.

7 (2) DEBATE.—Debate on the joint resolution,

8 and on all debatable motions and appeals in connec9 tion therewith, shall be limited to not more than 10

10 hours in each House, which time shall be divided

11 equally between those favoring and those opposing the

12 joint resolution. A motion further to limit debate is

13 in order and is not debatable. An amendment to, or

14 a motion to postpone, or a motion to proceed to the

15 consideration of other business, or a motion to recom16 mit the joint resolution is not in order.

17 (3) AMENDMENTS PROHIBITED.—No amendment

18 to the joint resolution is in order.

19 (4) VOTE ON FINAL PASSAGE.—Immediately fol20 lowing the conclusion of the debate on a joint resolu21 tion described in subsection (a), and a single quorum

22 call at the conclusion of the debate if requested in ac23 cordance with the rules of the appropriate House, the

24 vote on final passage of the joint resolution shall

25 occur. A motion to reconsider the vote by which the
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1 joint resolution is agreed to or disagreed to is not in

2 order.

3 (5) MOTION TO SUSPEND APPLICATION.—No mo4 tion to suspend the application of this section shall be

5 in order, nor shall it be in order for the Presiding Of6 ficer to entertain a request to suspend the application

7 of this section by unanimous consent.

8 (6) RULINGS OF THE CHAIR ON PROCEDURE.—

9 Appeals from the decisions of the Chair relating to the

10 application of the rules of the Senate or the House of

11 Representatives, as the case may be, to the procedure

12 relating to a joint resolution described in subsection

13 (a) shall be decided without debate.

14 (e) COORDINATION WITH ACTION BY OTHER

15 HOUSE.—If, before one House passes a joint resolution de16 scribed in subsection (a), that House receives from the other

17 House a joint resolution or bill with identical text after the

18 resolving or enacting clause, then the following procedures

19 shall apply:

20 (1) The joint resolution or bill of the other House

21 shall not be referred to a committee and shall be

22 deemed to have been read three times.

23 (2) With respect to the joint resolution described

24 in subsection (a) of the House that received the joint

25 resolution from the other House—
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1 (A) the procedure shall be the same as if no

2 joint resolution had been received from the other

3 House; except

4 (B) the vote on final passage shall be on the

5 joint resolution or bill of the other House.

6 (f) NUMBERS OF DAYS.—For purposes of this section,

7 in computing a number of calendar days in either House,

8 there shall be excluded any day on which that House was

9 not in session.

10 SEC. 402. EXERCISE OF RULEMAKING POWERS.

11 The provisions of sections 204 and 401, and the provi12 sions of any rules issued by the Board under sections 204(a)

13 and 204(b) are issued—

14 (1) as an exercise of the rulemaking power of the

15 House of Representatives and the Senate, respectively,

16 and as such they shall be considered as part of the

17 rules of such House, respectively, and such rules shall

18 supersede other rules only to the extent that they are

19 inconsistent therewith; and

20 (2) with full recognition of the constitutional

21 right of either House to change such rules (so far as

22 relating to such House) at any time, in the same

23 manner, and to the same extent as in the case of any

24 other rule of each House.
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1 SEC. 403. SETTLEMENT AND AWARDS RESERVES; AUTHOR2 IZATION OF APPROPRIATIONS.

3 (a) FOR THE HOUSE OF REPRESENTATIVES.—

4 (1) ESTABLISHMENT OF ACCOUNT.—There is es5 tablished in the Contingent Fund of the House of

6 Representatives a ‘‘Settlements and Awards Reserve’’

7 appropriation account—

8 (A) into which shall be deposited appro9 priated funds and amounts transferred by the

10 Clerk of the House of Representatives from funds

11 available to the Clerk for disbursement by the

12 Clerk; and

13 (B) that shall be available as provided in

14 paragraph (2).

15 (2) PAYMENTS.—The appropriation account es16 tablished by paragraph (1) shall be available for the

17 payment of awards under sections 303 through 306

18 and agreements under section 308.

19 (b) FOR THE SENATE.—

20 (1) ESTABLISHMENT OF ACCOUNT.—There is es21 tablished in the Contingent Fund of the Senate a

22 ‘‘Settlements and Awards Reserve’’ appropriation ac23 count—

24 (A) into which shall be deposited appro25 priated funds and amounts transferred by the

26 Secretary of the Senate from funds available to
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1 the Secretary for disbursement by the Secretary;

2 and

3 (B) that shall be available as provided in

4 paragraph (2).

5 (2) PAYMENTS.—The appropriation account es6 tablished by paragraph (1) shall be available for the

7 payment of awards under sections 303 through 306

8 and agreements under section 308.

9 (c) AUTHORIZATION OF APPROPRIATIONS.—There are

10 authorized to be appropriated such sums as are necessary

11 for the purposes of subsections (a)(2) and (b)(2), and other12 wise for the purposes of payment of awards under sections

13 303 through 306 and agreements under section 308. Awards

14 and agreements shall be paid out of such appropriations

15 and out of any amounts otherwise available to heads of em16 ploying offices, or other offices liable or potentially liable

17 under this Act, for disbursement by them. No amounts shall

18 be paid for awards or agreements under this Act out of the

19 Claims and Judgment Fund of the Treasury.

20 SEC. 404. OTHER JUDICIAL REVIEW PROHIBITED.

21 Except in proceedings expressly authorized by sections

22 305 and 306, the compliance or noncompliance with the

23 provisions of this Act and any action taken pursuant to

24 this Act shall not be subject to judicial review.
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1 SEC. 405. SEVERABILITY.

2 If any provision of this Act or the application of such

3 provision to any person or circumstance is held to be in4 valid, the remainder of this Act and the application of the

5 provisions of such to any person or circumstance shall not

6 be affected thereby.

7 SEC. 406. POLITICAL AFFILIATION AND PLACE OF RESI8 DENCE.

9 (a) IN GENERAL.—It shall not be a violation of any

10 provision of section 101 to consider the—

11 (1) party affiliation;

12 (2) domicile; or

13 (3) political compatibility with the employing

14 office;

15 of an employee referred to in subsection (b) with respect

16 to employment decisions.

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

18 term ‘‘employee’’ means—

19 (1) an employee on the staff of the leadership of

20 the House of Representatives or the leadership of the

21 Senate;

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

23 subcommittee of—

24 (A) the House of Representatives;

25 (B) the Senate; or

26 (C) a joint committee of the Congress;
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1 (3) an employee on the staff of a Member of the

2 House of Representatives or on the staff of a Senator;

3 (4) an officer of the House of Representatives or

4 the Senate or a congressional employee who is elected

5 by the House of Representatives or Senate or is ap6 pointed by a Member of the House of Representatives

7 or by a Senator (in addition an employee described

8 in paragraph (1), (2), or (3)); or

9 (5) an applicant for a position that is to be oc10 cupied by an individual described in any of para11 graphs (1) through (4).

12 SEC. 407. NONDISCRIMINATION RULES OF THE HOUSE AND

13 SENATE.

14 The Select Committee on Ethics of the Senate and the

15 Committee on Standards of Official Conduct of the House

16 of Representatives retain full power, in accordance with the

17 authority provided to them by the Senate and the House,

18 with respect to the discipline of Members, officers, and em19 ployees for violating rules of the Senate and the House on

20 nondiscrimination in employment.

21 SEC. 408. REPORTS OF CONGRESSIONAL COMMITTEES.

22 Each report accompanying a bill or joint resolution

23 of a public character reported by a committee of the House

24 of Representatives or the Senate (except the Committee on

25 Appropriations and the Committee on the Budget of either
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1 House) shall contain a listing of the provisions of the bill

2 or joint resolution that apply to the Congress or to congres3 sional instrumentalities and an evaluation of the impact

4 of such provisions on the Congress or congressional instru5 mentalities, and, in the case of a provision not applicable

6 to the Congress or to congressional instrumentalities, a

7 statement of the reasons the provision does not apply.

8 SEC. 409. TECHNICAL AND CONFORMING AMENDMENTS.

9 (a) CIVIL RIGHTS REMEDIES.—

10 (1) Sections 301 and 302 of the Government Em11 ployee Rights Act of 1991 (2 U.S.C. 1201 and 1202)

12 are amended to read as follows:

13 ‘‘SEC. 301. GOVERNMENT EMPLOYEE RIGHTS ACT OF 1991.

14 ‘‘(a) SHORT TITLE.—This title may be cited as the

15 ‘Government Employee Rights Act of 1991’.

16 ‘‘(b) PURPOSE.—The purpose of this title is to provide

17 procedures to protect the rights of certain government em18 ployees, with respect to their public employment, to be free

19 of discrimination on the basis of race, color, religion, sex,

20 national origin, age, or disability.

21 ‘‘(c) DEFINITION.—For purposes of this title, the term

22 ‘violation’ means a practice that violates section 302(a) of

23 this title.
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1 ‘‘SEC. 302. DISCRIMINATORY PRACTICES PROHIBITED.

2 ‘‘(a) PRACTICES.—All personnel actions affecting the

3 appointees described in section 303(a)(1) or the individuals

4 described in section 304(a) shall be made free from any dis5 crimination based on—

6 ‘‘(1) race, color, religion, sex, or national origin,

7 within the meaning of section 717 of the Civil Rights

8 Act of 1964 (42 U.S.C. 2000e–16);

9 ‘‘(2) age, within the meaning of section 15 of the

10 Age Discrimination in Employment Act of 1967 (29

11 U.S.C. 633a); or

12 ‘‘(3) handicap or disability, within the meaning

13 of section 501 of the Rehabilitation Act of 1973 (29

14 U.S.C. 791) and sections 102 through 104 of the

15 Americans with Disabilities Act of 1990 (42 U.S.C.

16 12112–14).

17 ‘‘(b) REMEDIES.—The remedies referred to in sections

18 303(a)(1) and 304(a)—

19 ‘‘(1) may include, in the case of a determination

20 that a violation of subsection (a)(1) has occurred,

21 such remedies as would be appropriate if awarded

22 under sections 706(g), 706(k), and 717(d) of the Civil

23 Rights Act of 1964 (42 U.S.C. 2000e–5(g), 2000e–

24 5(k), 2000e–16(d)), and such compensatory damages

25 (not exceeding, for each complaining party, and irre26 spective of the size of the employing office or agency
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1 involved, the maximum amount available under sec2 tion 1977A(b)(3)(D) of the Revised Statutes (42

3 U.S.C. 1981a(b)(3)(D)) as would be appropriate if

4 awarded under section 1977 and sections 1977(A) (a)

5 and (b)(2) of the Revised Statutes (42 U.S.C. 1981

6 and 1981a (a) and (b)(2));

7 ‘‘(2) may include, in the case of a determination

8 that a violation of subsection (a)(2) has occurred,

9 such remedies as would be appropriate if awarded

10 under section 15(c) of the Age Discrimination in Em11 ployment Act of 1967 (29 U.S.C. 633a(c));

12 ‘‘(3) may include, in the case of a determination

13 that a violation of subsection (a)(3) has occurred,

14 such remedies as would be appropriate if awarded

15 under section 505(a) of the Rehabilitation Act of 1973

16 (29 U.S.C. 794a(a)(1)) or section 107 of the Ameri17 cans with Disabilities Act of 1990 (42 U.S.C.

18 12117(a)); and

19 ‘‘(4) may not include punitive damages.’’.

20 (2) Sections 303 through 319, and sections 322,

21 324, and 325 of the Civil Rights Act of 1991 (2

22 U.S.C. 1203—1218, 1221, 1223, and 1224) are re23 pealed.
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1 (3) Sections 320 and 321 of the Civil Rights Act

2 of 1991 (2 U.S.C. 1219 and 1220) are redesignated as

3 sections 303 and 304, respectively.

4 (4) Sections 303 and 304 of the Civil Rights Act

5 of 1991, as so redesignated, are each amended by

6 striking ‘‘and 307(h) of this title’’.

7 (5) Section 1205 of the Supplemental Appropria8 tions Act of 1993 (2 U.S.C. 1207a) is repealed.

9 (6) Senate Resolution 139, 103d Congress, agreed

10 to August 4, 1993, is repealed.

11 (b) FAMILY AND MEDICAL LEAVE ACT OF 1993.—Sec12 tion 501 of the Family and Medical Leave Act of 1993 (2

13 U.S.C. 60m) is repealed.

14 (c) ARCHITECT OF THE CAPITOL HUMAN RESOURCES

15 ACT.—Section 312(e) of the Architect of the Capitol Human

16 Resources Act, Public Law 103–283; 108 Stat. 1444, is re17 pealed.

18 (d) APPLICATION.—On the date on which sections 101

19 and 102 go into effect, the authority of sections 303 through

20 319, and sections 322, 324, and 325 of the Civil Rights Act

21 of 1991, section 501 of the Family and Medical Leave Act

22 of 1993, section 1205 of the Supplemental Appropriations

23 Act of 1993, and Senate Resolution 139, 103d Congress,

24 agreed to August 4, 1993, shall terminate with respect to

25 employees and employing offices.
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1 SEC. 410. SAVINGS PROVISION.

2 If, on the date this title takes effect, a covered employee

3 has commenced proceedings under section 305 of the Gov4 ernment Employees Rights Act 1991 (2 U.S.C. 1205), rule

5 LI of the Rules of the House of Representatives, or sub6 section 312(e)(3) of the Architect of the Capitol Human Re7 sources Act (P.L. 103–283, 108 Stat. 1444), may continue

8 with those proceedings until the conclusion of all proceed9 ings authorized under such act or rule.

Amend the title so as to read: ‘‘An Act to provide

for the application of certain employment protection laws

to Congress, and for other purposes.’’

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HR 4822 RS1S——4

HR 4822 RS1S——5

HR 4822 RS1S——6

HR 4822 RS1S——7

HR 4822 RS1S——8