I

104TH CONGRESS

1ST SESSION H. R. 1

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

Government.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 4, 1995

Mr. SHAYS, Mr. GOODLING, and Mr. THOMAS (for themselves, Mr. MCHALE,

Mr. HOYER, Mr. DICKEY, Mr. HAMILTON, Mrs. FOWLER, Mrs. CLAYTON,

Mr. FAWELL, Mr. BARRETT of Wisconsin, Mr. BARTLETT of Maryland,

Mr. TORKILDSEN, Mr. MCKEON, Mr. ALLARD, Mr. ARCHER, Mr. ARMEY,

Mr. BACHUS, Mr. BAKER of Louisiana, Mr. BAKER of California, Mr.

BALLENGER, Mr. BARR, Mr. BARRETT of Nebraska, Mr. BARTON of

Texas, Mr. BEREUTER, Mr. BILBRAY, Mr. BLILEY, Mr. BLUTE, Mr.

BOEHLERT, Mr. BONILLA, Mr. BONO, Mr. BRYANT of Tennessee, Mr.

BUNN of Oregon, Mr. BUNNING of Kentucky, Mr. BURR, Mr. BUYER,

Mr. CALVERT, Mr. CAMP, Mr. CANADY, Mr. CASTLE, Mr. CHABOT, Mr.

CHAMBLISS, Mr. CHRISTENSEN, Mr. CHRYSLER, Mr. CLINGER, Mr.

COBLE, Mr. COBURN, Mr. COMBEST, Mr. COX, Mr. CRANE, Mr. CRAPO,

Mr. CREMEANS, Mr. CUNNINGHAM, Mr. DAVIS, Mr. DOOLITTLE, Mr.

DREIER, Ms. DUNN of Washington, Mr. EHRLICH, Mr. ENSIGN, Mr.

EWING, Mr. FLANAGAN, Mr. FOLEY, Mr. FRANKS of New Jersey, Mr.

FRANKS of Connecticut, Mr. FRISA, Mr. GALLEGLY, Mr. GANSKE, Mr.

GILLMOR, Mr. GOODLATTE, Mr. GOSS, Mr. GRAHAM, Mr. GREENWOOD,

Mr. GUTKNECHT, Mr. HANCOCK, Mr. HEFLEY, Mr. HOEKSTRA, Mr.

HORN, Mr. HOSTETTLER, Mr. HOUGHTON, Mr. JOHNSON of Texas, Mr.

JONES, Mr. KASICH, Mr. KIM, Mr. KING, Mr. KLUG, Mr.

KNOLLENBERG, Mr. LAHOOD, Mr. LANTOS, Mr. LARGENT, Mr.

LATOURETTE, Mr. LAZIO, Mr. LEACH, Mr. LEWIS of Kentucky, Mr.

LIGHTFOOT, Mr. LINDER, Mr. LIVINGSTON, Mr. LOBIONDO, Mr.

LONGLEY, Mr. LUCAS, Mr. MCCOLLUM, Mr. MCDADE, Mr. MCHUGH,

Mr. MCINNIS, Mr. MCINTOSH, Mr. MANZULLO, Mr. MARTINI, Mrs. MEYERS of Kansas, Mr. MICA, Mr. MILLER of Florida, Ms. MOLINARI, Mr.

MOORHEAD, Mrs. MORELLA, Mrs. MYRICK, Mr. NETHERCUTT, Mr. NEY,

Mr. NORWOOD, Mr. NUSSLE, Mr. PACKARD, Mr. PAXON, Mr. PETRI, Mr.

PORTER, Mr. PORTMAN, Ms. PRYCE of Ohio, Mr. QUILLEN, Mr. QUINN,

Mr. RADANOVICH, Mr. REGULA, Mr. RIGGS, Mr. ROBERTS, Mr.

ROHRABACHER, Mr. ROTH, Mrs. ROUKEMA, Mr. ROYCE, Mr. SAXTON,

Mr. SENSENBRENNER, Mr. SKEEN, Mr. SMITH of Texas, Mr. SOUDER,

Mr. STEARNS, Mr. STUMP, Mr. TAYLOR of North Carolina, Mrs. VUCAN-
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OVICH, Mr. WAMP, Mr. YOUNG of Florida, Mr. ACKERMAN, Mr. BRYANT

of Texas, Mr. CARDIN, Mr. CONDIT, Ms. DANNER, Ms. ESHOO, Mr.

FILNER, Mr. GORDON, Mr. HOLDEN, Mr. JOHNSON of South Dakota,

Mr. JOHNSTON of Florida, Mr. KLINK, Mr. LAFALCE, Mrs. MALONEY,

Mr. MARKEY, Mr. MEEHAN, Mr. NEAL, Mr. ORTON, Mr. PALLONE, Mr.

POMBO, Mr. POSHARD, Mr. REED, Mr. ROEMER, Mr. SCHUMER, Ms.

SLAUGHTER, Mr. STENHOLM, Mrs. THURMAN, Mr. SANDERS, Mr.

FORBES, Mr. SOLOMON, Mr. ROSE, Mr. KOLBE, Mr. PARKER, Mr.

SCHAEFER, and Mr. UPTON) introduced the following bill; which was referred to the Committee on Economic and Educational Opportunities,

and in addition to the Committees on House Oversight, Government Reform and Oversight, Rules, and the Judiciary for a period to be subsequently determined by the Speaker, in each case for consideration of such

provisions as fall within the jurisdiction of the committee concerned

JANUARY 5, 1995 (legislative day, January 4, 1995)

Considered pursuant to H. Res. 6 and passed

A BILL

To make certain laws applicable to the legislative branch

of the Federal Government.

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

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Congressional

5 Accountability Act of 1995’’.

6 SEC. 2. DEFINITIONS.

7 As used in this Act:

8 (1) CONGRESSIONAL EMPLOYEE.—The term

9 ‘‘congressional employee’’ means—

10 (A) an individual on the payroll of an em11 ploying office of the House of Representatives;
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1 (B) an individual on the payroll of an em2 ploying office of the Senate;

3 (C) an individual on the payroll of an em4 ploying office of the Architect of the Capitol;

5 and

6 (D) an individual on the payroll of an em7 ploying office of an instrumentality.

8 (2) EMPLOYEE IN THE HOUSE OF REPRESENT9 ATIVES.—The term ‘‘individual on the payroll of an

10 employing office in the House of Representatives’’

11 means—

12 (A) an individual who is covered under rule

13 LI of the House of Representatives, as in effect

14 on the day before the date of enactment of this

15 Act;

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

17 be occupied by an individual described in sub18 paragraph (A); or

19 (C) any individual who was formerly an

20 employee described in subparagraph (A) and

21 whose claim of a violation arises out of the indi22 vidual’s employment.

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

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

25 the Senate’’ means—
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1 (A) any employee whose pay is disbursed

2 by the Secretary of the Senate;

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

4 be occupied by an individual described in sub5 paragraph (A)); or

6 (C) any individual who was formerly an

7 employee described in subparagraph (A) and

8 whose claim of a violation arises out of the indi9 vidual’s employment.

10 (4) EMPLOYEE OF THE ARCHITECT OF THE

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

12 employing office of the Architect of the Capitol’’

13 means—

14 (A) an employee of the Architect of the

15 Capitol or an individual within the administra16 tive jurisdiction of the Architect of the Capitol

17 if such employee or individual is paid from

18 funds under a law providing appropriations for

19 the legislative branch;

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

21 be occupied by an employee or individual de22 scribed in subparagraph (A); or

23 (C) any individual who was formerly an

24 employee or individual described in subpara-
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1 graph (A) and whose claim of a violation arises

2 out of the individual’s employment.

3 (5) EMPLOYEE OF AN INSTRUMENTALITY.—

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

5 office of an instrumentality’’ means—

6 (A) any individual on the payroll of an in7 strumentality of the legislative branch of the

8 Federal Government;

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

10 be occupied by an individual described in sub11 paragraph (A); or

12 (C) any individual who was formerly an

13 employee described in subparagraph (A) and

14 whose claim of a violation arises out of the indi15 vidual’s instrumentality employment.

16 (6) HEAD OF AN EMPLOYING OFFICE.—The

17 term ‘‘head of an employing office’’ means the indi18 vidual who has final authority to appoint, hire, dis19 charge, and set the terms, conditions, or privileges

20 of the Congressional employment of an employee.

21 SEC. 3. APPLICATION OF LAWS.

22 (a) LAWS WHICH WILL APPLY.—The following laws

23 shall apply, as prescribed by this subsection, to the legisla24 tive branch of the Federal Government:
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1 (1) The Fair Labor Standards Act of 1938 (29

2 U.S.C. 201 et seq.), effective on the earlier of the ef3 fective date of applicable regulations of the Office of

4 Compliance under section 5 or 1 year after the date

5 of the enactment of this Act.

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

7 (42 U.S.C. 2000e et seq.), effective on the earlier of

8 the effective date of applicable regulations of the Of9 fice of Compliance under section 5 or 1 year after

10 the date of the enactment of this Act.

11 (3) The Americans With Disabilities Act of

12 1990 (42 U.S.C. 12101 et seq.), effective on the ear13 lier of the effective date of applicable regulations of

14 the Office of Compliance under section 5 or 1 year

15 after the date of the enactment of this Act.

16 (4) The Age Discrimination in Employment Act

17 of 1967 (29 U.S.C. 621 et seq.) (including remedies

18 available to private employees), effective on the ear19 lier of the effective date of applicable regulations of

20 the Office of Compliance under section 5 or 1 year

21 after the date of the enactment of this Act.

22 (5) Titles I and V of the Family and Medical

23 Leave Act of 1993 (29 U.S.C. 2611 et seq.), effec24 tive on the earlier of the effective date of applicable

25 regulations of the Office of Compliance under sec-
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1 tion 5 or 1 year after the date of the enactment of

2 this Act.

3 (6) The Occupational Safety and Health Act of

4 1970 (other than section 19) (29 U.S.C. 651 et seq.)

5 (subject to subsection (c)), effective on the earlier of

6 the effective date of applicable regulations of the Of7 fice of Compliance under section 5 or 2 years after

8 the date of the enactment of this Act.

9 (7) Chapter 71 (relating to Federal labor man10 agement relations) of title 5, United States Code, ef11 fective on the earlier of the effective date of applica12 ble regulations of the Office of Compliance under

13 section 5 or 2 years after the date of the enactment

14 of this Act.

15 (8) The Employee Polygraph Protection Act of

16 1988 (29 U.S.C. 2001 et seq.), effective on the ear17 lier of the effective date of applicable regulations of

18 the Office of Compliance under section 5 or 1 year

19 after the date of the enactment of this Act, except

20 that this Act shall not apply to the United States

21 Capitol Police.

22 (9) The Worker Adjustment and Retraining

23 Notification Act (29 U.S.C. 2101 et seq.), effective

24 on the earlier of the effective date of applicable regu25 lations of the Office of Compliance under section 5
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1 or 1 year after the date of the enactment of this

2 Act.

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

4 791), effective on the earlier of the effective date of

5 applicable regulations of the Office of Compliance

6 under section 5 or 1 year after the date of the enact7 ment of this Act.

8 The laws referred to in this subsection which apply now

9 to congressional employees shall continue to apply to such

10 employees until the effective date such laws are made ap11 plicable in accordance with this subsection.

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

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

14 to the terms and conditions of employment (including hir15 ing, promotion or demotion, salary and wages, overtime

16 compensation, benefits, work assignments or

17 reassignments, termination, protection from discrimina18 tion in personnel actions, health and safety of employees,

19 and family and medical leave) of employees apply to the

20 legislative branch of the Federal Government in accord21 ance with this Act

22 (c) COMPLIANCE WITH OSHA.—The legislative

23 branch of the Federal Government shall comply with the

24 Occupational Safety and Health Act of 1970 as follows:

25 If a citation of a violation of such Act is received, action
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1 to abate the violation shall take place as soon as possible,

2 but no later than the fiscal year following the fiscal year

3 in which the citation is issued.

4 SEC. 4. OFFICE OF COMPLIANCE.

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

6 legislative branch an Office of Compliance (hereinafter in

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

8 (b) COMPOSITION.—

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

10 have a Board of Directors. The Board of Directors

11 shall consist of 8 individuals appointed jointly by the

12 Speaker of the House of Representatives, the Major13 ity Leader of the Senate, and the Minority Leaders

14 of the House of Representatives and the Senate. Ap15 pointments of the first 8 members of the Board of

16 Directors shall be completed not later than 120 days

17 after the date of the enactment of this Act.

18 (2) EXECUTIVE DIRECTOR.—

19 (A) IN GENERAL.—The Chairperson of the

20 Board of Directors shall appoint, may establish

21 the compensation of, and may terminate, sub22 ject to the approval of the Board of Directors,

23 an Executive Director (referred to in this Act

24 as the ‘‘executive director’’). The compensation

25 of the executive director may not exceed the
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1 compensation for level V of the Executive

2 Schedule under section 5316 of title 5, United

3 States Code. The executive director shall be an

4 individual with training or expertise in the ap5 plication of the laws referred to in section 3 to

6 employment. The appointment of the first exec7 utive director shall be completed no later than

8 120 days after the initial appointment of the

9 Board of Directors.

10 (B) OFFICE.—The executive director may

11 not be an individual who holds or may have

12 held the position of Member of the House of

13 Representatives or Senator. The executive direc14 tor may not be an individual who holds the po15 sition of employee of the House of Representa16 tives or the Senate but the executive director

17 may be an individual who held such a position

18 at least 4 years before appointment as executive

19 director. The term of office of the executive di20 rector shall be a single term of 5 years.

21 (c) BOARD OF DIRECTORS QUALIFICATIONS.—

22 (1) SPECIFIC QUALIFICATIONS.—

23 (A) LOBBYING.—No individual who en24 gages in, or is otherwise employed in, lobbying

25 of the Congress and who is required under the
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1 Federal Regulation of Lobbying Act to register

2 with the Clerk of the House of Representatives

3 or the Secretary of the Senate shall be consid4 ered eligible for appointment to, or service on,

5 the Board of Directors.

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

7 Directors appointed under subsection (b)(1)

8 may hold or may have held the position of

9 Member of the House of Representatives or

10 Senator, may hold the position of employee of

11 the House of Representatives or Senate, or may

12 have held such a position within 4 years of the

13 date of appointment.

14 (2) HOLDING OFFICE.—If during a term of of15 fice a member of the Board of Directors engages in

16 an activity described in paragraph (2)(A), such posi17 tion shall be declared vacant and a successor shall

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

19 (3) VACANCIES.—A vacancy in the Board of

20 Directors shall be filled in the manner in which the

21 original appointment was made.

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

23 (1) IN GENERAL.—Except as provided in para24 graph (2), membership on the Board of Directors
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1 shall be for 5 years. A member shall only be eligible

2 for appointment for a single term of office.

3 (2) FIRST APPOINTMENTS.—Of the members

4 first appointed to the Board of Directors—

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

6 years,

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

8 years,

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

10 years, and

11 (D) 2 shall have a term of office of 5

12 years,

13 as designated at the time of appointment by the per14 sons specified in subsection (b)(1).

15 (3) REMOVAL.—Any member of the Board of

16 Directors may be removed from office by a majority

17 decision of the appointing authorities described in

18 subsection (b)(1) and only for—

19 (A) disability that substantially prevents

20 the member from carrying out the duties of the

21 member,

22 (B) incompetence,

23 (C) neglect of duty,

24 (D) malfeasance, or
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1 (E) a felony or conduct involving moral

2 turpitude.

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

4 Directors shall be appointed from the members of the

5 Board of Directors by the members of the Board.

6 (f) COMPENSATION OF MEMBERS.—

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

8 Directors shall be compensated at a rate equal to

9 the daily equivalent of the annual rate of basic pay

10 prescribed for level V of the Executive Schedule

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

12 for each day (including travel time) during which

13 such member is engaged in the performance of the

14 duties of the Board.

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

16 Board of Directors shall receive travel expenses, in17 cluding per diem in lieu of subsistence, at rates au18 thorized for employees of agencies under subchapter

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

20 each day the member is engaged in the performance

21 of duties away from the home or regular place of

22 business of the member.

23 (g) OFFICE STAFF.—The executive director may ap24 point and fix the compensation of such staff, including

25 hearing officers, as are necessary to carry out this Act.
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1 (h) DETAILEES.—The executive director may, with

2 the prior consent of the Government department or agency

3 concerned, use the services of any such department or

4 agency, including the services of members or personnel of

5 the General Accounting Office Personnel Appeals Board.

6 (i) CONSULTANTS.—In carrying out this Act, the ex7 ecutive director may procure the temporary (not to exceed

8 1 year) or intermittent services of individual consultants

9 or organizations thereof.

10 SEC. 5. STUDY AND REGULATIONS.

11 (a) INITIAL ACTION.—

12 (1) IN GENERAL.—The Board of Directors shall

13 conduct a study of the manner in which the laws

14 made applicable to the legislative branch of the Fed15 eral Government under section 3(a) should apply.

16 The Board of Directors shall complete such study

17 and report the results to Congress not later than

18 180 days after the date of the first appointment of

19 the first executive director.

20 (2) INSTRUMENTALITIES.—The Board of Direc21 tors shall include in its study under paragraph (1)

22 an examination of the procedures used by the instru23 mentalities to enforce the application of laws appli24 cable to the legislative branch of the Federal Gov25 ernment and a determination as to whether to direct
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1 the instrumentality to make improvements in its reg2 ulations and procedures so as to assure that proce3 dures as effective as the procedures set forth in sec4 tions 7 through 12 will apply. If the instrumentality

5 has no such regulations and procedures, the Board

6 may direct the instrumentality to adopt the requisite

7 regulations and procedures, or, if deemed necessary,

8 in lieu thereof may itself adopt regulations pursuant

9 to this section or authorize use of the procedures

10 pursuant to sections 7 through 12.

11 (b) CONTINUING ACTION.—On an ongoing basis the

12 Board of Directors—

13 (1) shall determine which of the laws referred

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

15 branch of the Federal Government and if it should,

16 the manner in which it should be made applicable;

17 (2) shall study the application to the legislative

18 branch of the Federal Government of provisions of

19 Federal law referred to in section 3 that are enacted

20 after the date of the enactment of this Act;

21 (3) may propose regulations with respect to

22 such application in accordance with subsection (c);

23 and

24 (4) may review the regulations in effect under

25 subsection (e)(1) and make such amendments as
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1 may be appropriate in accordance with subsection

2 (c).

3 (c) REGULATIONS.—

4 (1) LAWS MADE APPLICABLE.—

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

6 days after the date of the completion of the

7 study under subsection (a), the Board of Direc8 tors shall, in accordance with section 553 of

9 title 5, United States Code, propose regulations

10 to implement the requirements of the laws

11 made applicable to the legislative branch of the

12 Federal Government under section 3(a). The

13 Board of Directors shall provide a period of at

14 least 30 days for comment on the proposed reg15 ulations.

16 (B) CONGRESSIONAL NOTICE.—In addition

17 to publishing a general notice of proposed rule18 making under section 553(b) of title 5, United

19 States Code, the Board of Directors shall con20 currently submit such notice for publication in

21 the Congressional Record.

22 (C) AMENDMENTS AND REPEALS.—When

23 proposing regulations under subparagraph (A)

24 to implement the requirements of a law referred

25 to in section 3(a), the Board of Directors shall
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1 recommend to the Congress changes in or re2 peals of existing law to accommodate the appli3 cation of such law to the legislative branch of

4 the Federal Government.

5 (D) FINAL REGULATIONS.—The Board of

6 Directors shall, in accordance with such section

7 553, issue final regulations not later than 60

8 days after the end of the comment period on

9 the proposed regulations.

10 (2) CONTINUING ACTION.—

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

12 days after the date of the completion of the

13 study or a determination under subsection (b),

14 the Board of Directors shall, in accordance with

15 section 553 of title 5, United States Code, pro16 pose regulations that specify which of the provi17 sions of Federal law considered in such study

18 shall apply to the legislative branch of the Fed19 eral Government. The Board of Directors shall

20 provide a period of at least 30 days for com21 ment on the proposed regulations.

22 (B) CONGRESSIONAL NOTICE.—In addition

23 to publishing a general notice of proposed rule24 making under section 553(b) of title 5, United

25 States Code, the Board of Directors shall con-
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1 currently submit such notice for publication in

2 the Congressional Record.

3 (C) AMENDMENTS AND REPEALS.—When

4 proposing regulations under subparagraph (A)

5 specifying which of the provisions of Federal

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

7 legislative branch of the Federal Government,

8 the Board of Directors shall recommend to the

9 Congress changes in or repeals of existing law

10 to accommodate the application of such law to

11 the legislative branch of the Federal Govern12 ment.

13 (D) FINAL REGULATIONS.—The Board of

14 Directors shall, in accordance with such section

15 553, issue final regulations not later than 60

16 days after the end of the comment period on

17 the proposed regulations.

18 (3) REGULATION REQUIREMENTS.—Regulations

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

20 with the regulations issued by an agency of the exec21 utive branch of the Federal Government under the

22 provision of law made applicable to the legislative

23 branch of the Federal Government, including por24 tions relating to remedies.
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1 (4) ACTION IF DISAPPROVAL.—If a regulation

2 is disapproved by a concurrent resolution considered

3 under subsection (e), not later than 60 days after

4 the date of the disapproval, the Board of Directors

5 shall propose a new regulation to replace the regula6 tion disapproved. The action of the Board of Direc7 tors under this paragraph shall be in accordance

8 with the applicable requirements of this subsection.

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

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

11 consideration under subsection (e).

12 (e) TAKING EFFECT OF REGULATIONS.—

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

14 a final regulation which is issued under subsection

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

16 from the date the final regulation is issued unless

17 disapproved by the Congress by concurrent resolu18 tion.

19 (2) CONCURRENT RESOLUTION.—A concurrent

20 resolution referred to in paragraph (1) may be intro21 duced in the House of Representatives or the Senate

22 within 5 days of session after the date on which the

23 Board of Directors issues the final regulation to

24 which the concurrent resolution applies. The matter

25 after the resolving clause of the resolution shall be
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1 as follows: ‘‘That Congress disapproves the issuance

2 of final regulations of the Office of Compliance as is3 sued on llllll (the blank space being ap4 propriately filled in).’’.

5 (3) PROCEDURE.—A concurrent resolution re6 ferred to in paragraph (1) shall be referred to the

7 appropriate committee of the House involved. If no

8 concurrent resolution is reported within 15 days of

9 session after the Board of Directors issues final reg10 ulations under subsection (c)(1)(D) or (c)(2)(D), the

11 committee to which the concurrent resolution was

12 referred shall be discharged from further consider13 ation of the first such concurrent resolution intro14 duced and the concurrent resolution shall be placed

15 on the appropriate calendar of the House involved.

16 Any meeting of a committee on a concurrent resolu17 tion shall be open to the public. Within 5 days of

18 session after the concurrent resolution is reported or

19 discharged, it shall be in order as a matter of high20 est privilege to move to proceed to its consideration

21 and such motion shall not be debatable. The concur22 rent resolution shall be debatable for not to exceed

23 4 hours equally divided between proponents and op24 ponents and it shall not be subject to amendment.

25 If, prior to the adoption of a concurrent resolution
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1 by one House, that House receives a concurrent res2 olution of the other House with respect to the same

3 regulations, then the procedure in that House shall

4 be the same as if no concurrent resolution had been

5 received from the other House, but vote on final

6 adoption shall be on the concurrent resolution of the

7 other House. If a concurrent resolution is received

8 by a House in which no identical concurrent resolu9 tion has been introduced, it shall be referred to the

10 appropriate committee and the same procedures and

11 20-day period for action shall apply to the consider12 ation of the concurrent resolution by that House as

13 would apply to an introduced concurrent resolution.

14 (f) RULEMAKING POWER.—The provisions of sub15 section (e) of this section are enacted by the Congress—

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

17 the House of Representatives and the Senate, re18 spectively, and as such they shall be considered as

19 part of the rules of each House, respectively, or of

20 that House to which they specifically apply, and

21 such rules shall supersede other rules only to the ex22 tent that they are inconsistent therewith; and

23 (2) with full recognition of the constitutional

24 right of either House to change such rules (so far

25 as relating to such House) at any time, in the same
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1 manner, and to the same extent as in the case of

2 any other rule of such House.

3 (g) OPEN TO THE PUBLIC.—Any meeting of the

4 Board of Directors held in connection with a study under

5 subsection (a) or (b) shall be open to the public. Any meet6 ing of the Board of Directors in connection with a regula7 tion under subsection (c) shall be open to the public.

8 SEC. 6. OTHER FUNCTIONS.

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

10 shall adopt rules governing the procedures of the Office,

11 subject to the approval of the Board of Directors, includ12 ing the procedures of hearing boards, which shall be sub13 mitted for publication in the Congressional Record. The

14 rules may be amended in the same manner. The executive

15 director may consult with the Chairman of the Adminis16 trative Conference of the United States, the Legal Counsel

17 of the Senate, and the General Counsel of the House of

18 Representatives on the adoption of rules.

19 (b) INVESTIGATIVE AUTHORITY.—The executive di20 rector shall have authority to conduct such investigations

21 as the executive director requires to implement sections

22 8 through 10 and section 12.

23 (c) DUTIES.—The Office shall—

24 (1) carry out a program of education for Mem25 bers of Congress and other employing authorities of
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1 the legislative branch of the Federal Government re2 specting the laws made applicable to them and a

3 program to inform individuals of their rights under

4 laws applicable to the legislative branch of the Fed5 eral Government and under sections 7 through 12,

6 (2) in carrying out the program under para7 graph (1), distribute the telephone number and ad8 dress of the Office, procedures for action under sec9 tions 7 through 12, and any other information the

10 executive director deems appropriate for distribution,

11 distribute such information to Members of Congress

12 and other employing authorities of the legislative

13 branch of the Federal Government in a manner suit14 able for posting, provide such information to new

15 employees of the legislative branch of the Federal

16 Government, distribute such information to the resi17 dences of congressional employees, and conduct sem18 inars and other activities designed to educate em19 ployers and employees in such information,

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

21 the Office by congressional employees, including the

22 number and type of contacts made with the Office,

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

24 employees who initiated proceedings with the Office

25 under sections 7 through 12 and the result of such
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1 proceedings, and on the number of employees who

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

3 complaint, and the action taken on the complaint,

4 and

5 (4) within 180 days of the initial appointment

6 of the executive director and in conjunction with the

7 Clerk of the House of Representatives and the Sec8 retary of the Senate, develop a system for the collec9 tion of demographic data respecting the composition

10 of the congressional employees, including race, sex,

11 and wages, and a system for the collection of infor12 mation on employment practices, including family

13 leave and flexible work hours, in Congressional

14 offices.

15 (d) REPORT.—Within one year of the date the system

16 referred to in subsection (c)(4) is developed and annually

17 thereafter, the Board of Directors shall submit to Con18 gress a report on the information collected under such sys19 tem. Each report after the first report shall contain a com20 parison and evaluation of data contained in the previous

21 report.

22 SEC. 7. PROCEDURE FOR CONSIDERATION OF ALLEGED

23 VIOLATIONS.

24 The procedure for consideration of alleged violations

25 of laws made applicable to the legislative branch of the
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1 Federal Government under this Act consists of 4 steps as

2 follows:

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

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

5 9.

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

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

8 (4) Step IV, judicial review if a congressional

9 employee is aggrieved by a dismissal of a claim

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

11 10(g), or an order under section 10(h) or if a head

12 of an employing office is aggrieved by a final deci13 sion under section 10(g) or would be subject to an

14 order issued under section 10(h).

15 (5) Step V, as an alternative to steps III and

16 IV, a civil action in a district court of the United

17 States in accordance with section 12.

18 A congressional employee may elect the procedure de19 scribed in paragraph (3) or (5) but not both procedures.

20 SEC. 8. STEP I: COUNSELING.

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

22 a violation of a law made applicable to the legislative

23 branch of the Federal Government under this Act may re24 quest counseling through the Office. The Office shall pro25 vide the employee with all relevant information with re-
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1 spect to the rights of the employee. A request for counsel2 ing shall be made not later than 180 days after the alleged

3 violation forming the basis of the request for counseling

4 occurred.

5 (b) PERIOD OF COUNSELING.—The period for coun6 seling shall be 30 days unless the employee and the Office

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

8 date the request for counseling is received.

9 SEC. 9. STEP II: MEDIATION.

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

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

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

13 legislative branch of the Federal Government under this

14 Act may file a request for mediation with the Office. Medi15 ation—

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

17 employing office, and individuals who are rec18 ommended by organizations composed primarily of

19 individuals experienced in adjudicating or arbitrating

20 personnel matters, and

21 (2) shall be a process involving meetings with

22 the parties separately or jointly for the purpose of

23 resolving the dispute between the employee and the

24 employing office.
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1 (b) MEDIATION PERIOD.—The mediation period shall

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

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

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

5 employee and the head of the employing office when the

6 mediation period has ended.

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

8 (a) FORMAL COMPLAINT AND REQUEST FOR HEAR9 ING.—Not later than 30 days after receipt by the congres10 sional employee of notice from the Office of the end of

11 the mediation period under section 9, the congressional

12 employee may file a formal complaint with the Office

13 against the head of the employing office involved. No com14 plaint may be filed unless the employee has made a timely

15 request for counseling and has completed the procedures

16 set forth in sections 8 and 9.

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

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

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

20 Representatives, Senators, or officers or employees of the

21 House of Representatives or Senate, chosen by the execu22 tive director (one of whom shall be designated by the exec23 utive director as the presiding hearing officer) shall be as24 signed to consider each complaint filed under subsection

25 (a). The executive director shall appoint hearing officers
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1 from candidates who are recommended by the Federal Me2 diation and Conciliation Service or the Administrative

3 Conference of the United States. A hearing board shall

4 act by majority vote.

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

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

7 any claim that it finds to be frivolous.

8 (d) HEARING.—A hearing shall be conducted—

9 (1) in closed session on the record by a hearing

10 board; and

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

12 complaint under subsection (a), except that the Of13 fice may, for good cause, extend up to an additional

14 60 days the time for conducting a hearing.

15 (e) DISCOVERY.—Reasonable prehearing discovery

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

17 (f) SUBPOENA POWER.—

18 (1) IN GENERAL.—A hearing board may au19 thorize subpoenas, which shall be issued by the pre20 siding hearing officer on behalf of the hearing board

21 for the attendance of witnesses at proceedings of the

22 hearing board and for the production of correspond23 ence, books, papers, documents, and other records.

24 The attendance of witnesses and the production of
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1 evidence may be required from any place within the

2 United States.

3 (2) FAILURE TO OBEY A SUBPOENA.—If a per4 son refuses to obey a subpoena issued under para5 graph (1), the hearing board may apply to a United

6 States district court for an order requiring that per7 son to appear before the hearing board to give testi8 mony, produce evidence, or both, relating to the

9 matter under investigation. The application may be

10 made within the judicial district where the hearing

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

12 or transacts business. Any failure to obey the order

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

14 contempt.

15 (3) SERVICE OF SUBPOENAS.—The subpoenas

16 of the hearing board shall be served in the manner

17 provided for subpoenas issued by a United States

18 district court under the Federal Rules of Civil Pro19 cedure for the United States district courts.

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

21 court to which application is to be made under para22 graph (2) may be served in the judicial district in

23 which the person required to be served resides or

24 may be found.
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1 (5) IMMUNITY.—The hearing board is an agen2 cy of the United States for the purpose of part V

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

4 of witnesses).

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

6 possible, but in no case more than 45 days after the con7 clusion of the hearing, the hearing board shall make a de8 cision in the matter for which the hearing was held. The

9 decision of the hearing board shall be transmitted by the

10 Office to the employee and the employing office. The deci11 sion shall state the issues raised by the complaint, describe

12 the evidence in the record, and contain a determination

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

14 legislative branch of the Federal Government under this

15 Act has occurred. Any decision of the hearing board shall

16 contain a written statement of the reasons for the hearing

17 board’s decision. A final decision of the hearing board

18 shall be made available to the public by the Office.

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

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

21 made applicable to the legislative branch of the Federal

22 Government under this Act has occurred, it shall order

23 the remedies under such law as made applicable to the

24 legislative branch of the Federal Government under this

25 Act, except that no Member of the House of Representa-
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1 tives, Senator, any other head of an employing office, or

2 any agent of such a Member, Senator, or employing office,

3 shall be personally liable for the payment of compensation.

4 The hearing board shall have no authority to award puni5 tive damages. The entry of an order under this subsection

6 shall constitute a final decision for purposes of judicial re7 view under section 11.

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

9 of Representatives and in the Senate a fund from which

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

11 accordance with an order under subsection (h) or as a re12 sult of judicial review under section 11 or a civil action

13 under section 12. From the outset of any proceeding in

14 which compensation may be paid from a fund of the House

15 of Representatives, the General Counsel of the House of

16 Representatives may provide the respondent with rep17 resentation.

18 SEC. 11. JUDICIAL REVIEW.

19 (a) IN GENERAL.—

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

21 under section 10 on a complaint relating to a provi22 sion of law described in section 3, any congressional

23 employee aggrieved by a dismissal of a claim under

24 section 10(c), a final decision under section 10(g), a

25 final order under section 10(h), or any head of an
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1 employing office aggrieved by a final decision under

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

3 may petition for review by the United States Court

4 of Appeals for the Federal Circuit in accordance

5 with paragraph (2).

6 (2) PROVISIONS APPLICABLE TO REVIEW.—The

7 following provisions apply to a review under para8 graph (1):

9 (A) LAW APPLICABLE.—Chapter 158 of

10 title 28, United States Code, shall apply—

11 (i) with respect to section 2344 of

12 title 28, United States Code, service of the

13 petition shall be on the House or Senate

14 Legal Counsel, or the appropriate entity of

15 an instrumentality, as the case may be,

16 rather than on the Attorney General;

17 (ii) the provisions of section 2348 of

18 title 28, United States Code, on the au19 thority of the Attorney General, shall not

20 apply;

21 (iii) the petition for review shall be

22 filed not later than 90 days after the entry

23 in the Office of a final decision under sec24 tion 10(g), an order under section 10(h);

25 and
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1 (iv) the Office shall be an ‘‘agency’’ as

2 that term is used in chapter 158 of title

3 28, United States Code.

4 (B) STANDARD OF REVIEW.—To the ex5 tent necessary for decision and when presented,

6 the court shall decide all relevant questions of

7 law and interpret constitutional and statutory

8 provisions. The court shall set aside a dismissal

9 under section 10(c), a final decision under sec10 tion 10(g), or an order under section 10(h) if

11 it is determined that the dismissal, decision, or

12 order was—

13 (i) arbitrary, capricious, an abuse of

14 discretion, or otherwise not consistent with

15 law;

16 (ii) not made consistent with required

17 procedures; or

18 (iii) unsupported by substantial evi19 dence.

20 (C) RECORD.—In making determinations

21 under subparagraph (B), the court shall review

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

23 a party, and due account shall be taken of the

24 rule of prejudicial error. The record on review

25 shall include the record before the hearing
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1 board, the decision of the hearing board, and

2 the order of the hearing board.

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

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

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

6 by the court in accordance with the standards prescribed

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

8 U.S.C. 2000e–5(k)).

9 SEC. 12. CIVIL ACTION.

10 (a) IN GENERAL.—

11 (1) CIVIL ACTION.—A congressional employee

12 may, within 30 days after receipt of notice from the

13 Office of the end of the mediation period under sec14 tion 9 for a violation of a law made applicable to the

15 legislative branch of the Federal Government, bring

16 a civil action in a district court of the United States

17 seeking relief from the alleged violation of law if

18 such a civil action may be brought by an employee

19 under such law. In any such civil action, any party

20 may demand a jury trial.

21 (2) EXHAUSTION REQUIREMENT.—No civil ac22 tion may be filed under paragraph (1) unless the

23 employee has made a timely request for counseling

24 and has completed the procedures set forth in sec25 tions 8 and 9.
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1 (3) COURT ORDER.—If a court determines that

2 a violation of law occurred, the court may only enter

3 an order described in section 10(h).

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

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

6 attorney’s fees may be allowed by the court in accordance

7 with any standards prescribed under Federal law for the

8 award of such fees in the event of a violation of such provi9 sion.

10 SEC. 13. RESOLUTION OF COMPLAINT.

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

12 the employee and the head of the employing office resolve

13 the issues involved, the employee may withdraw the com14 plaint or the parties may enter into a written agreement,

15 subject to the approval of the executive director.

16 SEC. 14. PROHIBITION OF INTIMIDATION.

17 Any intimidation of, or reprisal against, any employee

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

19 or officer or employee of the House of Representatives or

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

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

22 of the legislative branch of the Federal Government be23 cause of the exercise of a right under this Act constitutes

24 an unlawful employment practice, which may be remedied

25 in the same manner under this Act as is a violation of
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1 a law made applicable to the legislative branch of the Fed2 eral Government under this Act.

3 SEC. 15. CONFIDENTIALITY.

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

5 confidential except that the Office and the employee may

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

7 allegations.

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

9 confidential.

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

11 (d) and (e), the hearings and deliberations of the hearing

12 board shall be confidential.

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

14 The records of hearing boards may be made public if re15 quired for the purpose of judicial action under section 9.

16 (e) ACCESS BY COMMITTEES OF CONGRESS.—At the

17 discretion of the executive director, the executive director

18 may provide to the Committee on Standards of Official

19 Conduct of the House of Representatives and the Select

20 Committee on Ethics of the Senate access to the records

21 of the hearings, including all written and oral testimony

22 in the possession of the hearing boards, concerning a deci23 sion under section 10(g). The executive director shall not

24 provide such access until the executive director has con25 sulted with the individual filing the complaint at issue in
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1 the hearing, and until the hearing board has issued the

2 decision.

3 (f) COORDINATION.—The executive director shall co4 ordinate the proceedings with the Committee on Stand5 ards of Official Conduct of the House of Representatives

6 and the Select Committee on Ethics of the Senate to en7 sure effectiveness, to avoid duplication, and to prevent pe8 nalizing cooperation by respondents in the respective pro9 ceedings.

10 SEC. 16. POLITICAL AFFILIATION AND PLACE OF RESI11 DENCE.

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

13 made applicable to the legislative branch of the Federal

14 Government under this Act to consider the—

15 (1) party affiliation,

16 (2) domicile, or

17 (3) political compatibility with the employing

18 office,

19 of a congressional employee with respect to employment

20 decisions.

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

22 the term ‘‘employee’’ means—

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

24 Representatives or Senate leadership,
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1 (2) an employee on the staff of a committee or

2 subcommittee,

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

4 the House of Representatives or Senate,

5 (4) an officer or employee of the House of Rep6 resentatives or Senate elected by the House of Rep7 resentatives or Senate or appointed by a Member of

8 the House of Representatives or Senate, other than

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

10 (5) an applicant for a position that is to be oc11 cupied by an individual described in paragraphs (1)

12 through (4).

13 SEC. 17. ENFORCEMENT; OTHER REVIEW PROHIBITED.

14 (a) ENFORCEMENT.—This Act shall not be construed

15 to authorize enforcement by the executive branch of any

16 of the laws made applicable to congressional employees

17 under this Act.

18 (b) REVIEW.—No congressional employee may com19 mence a judicial proceeding to redress practices prohibited

20 under section 5, except as provided in this Act.

21 SEC. 18. STUDY.

22 (a) STUDY.—The Office shall conduct a study—

23 (1) of the ways that access by the public to in24 formation held by the Congress may be improved,

25 streamlined, and made consistent between the House
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1 of Representatives and the Senate and of the appli2 cation of section 552 of title 5, United States Code

3 to the legislative branch of the Federal Government;

4 and

5 (2) of the application of the requirement of sec6 tion 552a of title 5, United States Code, to the legis7 lative branch of the Federal Government.

8 (b) STUDY CONTENT.—The study conducted under

9 subsection (a) shall examine—

10 (1) information that is currently made available

11 under such section 552 by Federal agencies and not

12 by the legislative branch of the Federal Government;

13 (2) information held by the non-legislative of14 fices of the legislative branch of the Federal Govern15 ment, including—

16 (A) the instrumentalities,

17 (B) the Architect of the Capitol,

18 (C) the Chief Administrative Officer of the

19 House of Representatives,

20 (D) the Clerk of the House of Representa21 tives,

22 (E) the Secretary of the Senate,

23 (F) the Inspector General of the House of

24 Representatives,
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1 (G) the Sergeant at Arms of the House of

2 Representatives and the Sergeant at Arms of

3 the Senate,

4 (H) the United States Capitol Police, and

5 (I) the House Commission on Congres6 sional Mailing Standards;

7 (3) financial expenditure information of the leg8 islative branch of the Federal Government; and

9 (4) provisions for judicial review of denial of ac10 cess to information held by the legislative branch of

11 the Federal Government.

12 (c) TIME.—The Office shall conduct the study pre13 scribed by subsection (a) and report the results of the

14 study to the Congress not later than one year after the

15 date of the initial appointment of the Board of Directors.

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