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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 578 Agreed to House (ATH)]

103d CONGRESS
  2d Session
H. RES. 578

  Amending the Rules of the House of Representatives to apply certain 
     laws to the House of Representatives, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            October 7, 1994

 Mr. Moakley submitted the following resolution; which was referred to 
                         the Committee on Rules

                            October 7, 1994

            Considered and agreed to pursuant to H. Res. 579

_______________________________________________________________________

                               RESOLUTION

 
  Amending the Rules of the House of Representatives to apply certain 
     laws to the House of Representatives, and for other purposes.

    Resolved,

SECTION 1. APPLICATION OF CERTAIN LAWS TO THE HOUSE OF REPRESENTATIVES.

    The Rules of the House of Representatives are amended by adding at 
the end the following new rule:

                              ``Rule LII.

                     ``application of certain laws.

    ``1. There is established an Office of Compliance which shall have 
a Board of Directors consisting of 5 individuals appointed jointly by 
the Speaker and the minority leader. Appointments of the first 5 
members of the Board of Directors shall be completed not later than 120 
days after the beginning of the One Hundred Fourth Congress.
    ``2. (a) The Office of Compliance shall carry out the duties and 
functions set forth in sections 2 through 16 of House Resolution ____, 
One Hundred Third Congress, including the issuance of regulations, to 
implement the requirements of the following laws to the House of 
Representatives:
            ``(1) The Fair Labor Standards Act of 1938 (29 U.S.C. 201 
        et seq.), effective at the beginning of the second session of 
        the One Hundred Fourth Congress.
            ``(2) Title VII of the Civil Rights Act of 1964 (42 U.S.C. 
        2000e et seq.), effective at the beginning of the second 
        session of the One Hundred Fourth Congress.
            ``(3) The Americans With Disabilities Act of 1990 (42 
        U.S.C. 12101 et seq.), effective at the beginning of the second 
        session of the One Hundred Fourth Congress.
            ``(4) The Age Discrimination in Employment Act of 1967 (29 
        U.S.C. 621 et seq.) (including remedies available to private 
        employees), effective at the beginning of the second session of 
        the One Hundred Fourth Congress.
            ``(5) Titles I and V of the Family and Medical Leave Act of 
        1993 (29 U.S.C. 2611 et seq.), effective at the beginning of 
        the second session of the One Hundred Fourth Congress.
            ``(6) The Occupational Safety and Health Act of 1970 (other 
        than section 19) (29 U.S.C. 651 et seq.) (subject to paragraph 
        (c)), effective at the beginning of the One Hundred Fifth 
        Congress.
            ``(7) Chapter 71 (relating to Federal labor management 
        relations) of title 5, United States Code, effective at the 
        beginning of the One Hundred Fifth Congress.
            ``(8) The Employee Polygraph Protection Act of 1988 (29 
        U.S.C. 2001 et seq.), effective at the beginning of the second 
        session of the One Hundred Fourth Congress, except that this 
        Act shall not apply to the United States Capitol Police.
            ``(9) The Worker Adjustment and Retraining Notification Act 
        (29 U.S.C. 2101 et seq.), effective at the beginning of the 
        second session of the One Hundred Fourth Congress.
            ``(10) The Rehabilitation Act of 1973 (29 U.S.C. 791), 
        effective at the beginning of the second session of the One 
        Hundred Fourth Congress.
    ``(b) Any provision of Federal law shall, to the extent that it 
relates to the terms and conditions of employment (including hiring, 
promotion or demotion, salary and wages, overtime compensation, 
benefits, work assignments or reassignments, termination, protection 
from discrimination in personnel actions, health and safety of 
employees, and family and medical leave) of employees apply to the 
House in accordance with this rule.
    ``(c) The House shall comply with the Occupational Safety and 
Health Act of 1970 as follows: If a citation of a violation of such Act 
is received, action to abate the violation shall take place as soon as 
possible, but no later than the fiscal year following the fiscal year 
in which the citation is issued, subject to the availability of funds 
appropriated for that purpose after the receipt of the citation.
    ``3. (a)(1) The Chairperson of the Board of Directors of the Office 
shall appoint, may establish the compensation of, and may terminate, 
subject to the approval of the Board of Directors, an Executive 
Director (referred to in this rule as the `executive director'). The 
compensation of the executive director may not exceed the compensation 
for level V of the Executive Schedule under section 5316 of title 5, 
United States Code. The executive director shall be an individual with 
training or expertise in the application of the laws referred to in 
clause 2. The appointment of the first executive director shall be 
completed no later than 120 days after the initial appointment of the 
Board of Directors.
    ``(2) The executive director may not be an individual who holds or 
may have held the position of Member of the House of Representatives or 
Senator. The executive director may not be an individual who holds the 
position of employee of the House or the Senate but the executive 
director may be an individual who held such a position at least 4 years 
before appointment as executive director. The term of office of the 
executive director shall be a single term of 5 years.
    ``(b)(1)(A) No individual who engages in, or is otherwise employed 
in, lobbying of the Congress and who is required under the Federal 
Regulation of Lobbying Act to register with the Secretary of the Senate 
or the Clerk shall be considered eligible for appointment to, or 
service on, the Board of Directors.
    ``(B) No member of the Board of Directors may hold or may have held 
the position of Member of the House of Representatives or Senator, may 
hold the position of employee of the House or Senate, or may have held 
such a position within 4 years of the date of appointment.
    ``(2) If during a term of office a member of the Board of Directors 
engages in an activity described in subparagraph (1)(A), such position 
shall be declared vacant and a successor shall be selected in 
accordance with paragraph (a)(1).
    ``(3) A vacancy in the Board of Directors shall be filled in the 
manner in which the original appointment was made.
    ``(c)(1) Except as provided in subparagraph (2), membership on the 
Board of Directors shall be for 5 years. A member shall only be 
eligible for appointment for a single term of office.
    ``(2) Of the members first appointed to the Board of Directors--
            ``(A) 1 shall have a term of office of 3 years,
            ``(B) 2 shall have a term of office of 4 years, and
            ``(C) 2 shall have a term of office of 5 years,
as designated at the time of appointment by the persons specified in 
paragraph (a)(1).
    ``(3) Any member of the Board of Directors may be removed from 
office by a majority decision of the appointing authorities described 
in paragraph (a)(1) and only for--
            ``(A) disability that substantially prevents the member 
        from carrying out the duties of the member,
            ``(B) incompetence,
            ``(C) neglect of duty,
            ``(D) malfeasance, or
            ``(E) a felony or conduct involving moral turpitude.
    ``(d) The Chairperson of the Board of Directors shall be appointed 
from the members of the Board of Directors by the members of the 
Board.''.

SEC. 2. DEFINITIONS.

    As used in sections 2 through 16:
            (1) The term ``employee of the House'' means any individual 
        (other than a Member) whose pay is disbursed by the Director of 
        Non-legislative and Financial Services or any individual to 
        whom supervision and all other employee-related matters were 
        transferred to the Sergeant at Arms pursuant to direction of 
        the Committee on Appropriations in House Report 103-517 of the 
        One Hundred Third Congress, and such term includes an applicant 
        for the position of employee and a former employee.
            (2) The term ``employing authority'' means, with respect to 
        an employee, the Member of the House of Representatives or 
        elected officer of the House of Representatives, or the 
        Director of the Congressional Budget Office, with the power to 
        appoint the employee.
            (3) The term ``Member of the House of Representatives'' 
        means a Representative in, or a Delegate or Resident 
        Commissioner to, the Congress.
            (4) The term ``elected officer of the House of 
        Representatives'' means an elected officer of the House of 
        Representatives (other than the Speaker and the Chaplain).
            (5) The term ``Office'' refers to the Office of Compliance 
        established by rule LII of the Rules of the House of 
        Representatives.

SEC. 3. APPLICATION OF LAWS.

    (a) The laws set forth in clause 2 of rule LII of the Rules of the 
House of Representatives shall apply, as prescribed by that rule, to 
the House of Representatives.
    (b) The laws referred to in rule LI of the Rules of the House of 
Representatives which apply on December 31, 1994, to House employees 
shall continue to apply to such employees until the effective date such 
laws are made applicable in accordance with this resolution.

SEC. 4. ADMINISTRATIVE MATTERS RELATING TO THE OFFICE OF COMPLIANCE.

    (a)(1) Each member of the Board of Directors shall be compensated 
at a rate equal to the daily equivalent of the annual rate of basic pay 
prescribed for level V of the Executive Schedule under section 5316 of 
title 5, United States Code, for each day (including travel time) 
during which such member is engaged in the performance of the duties of 
the Board.
    (2) Each member of the Board of Directors shall receive travel 
expenses, including per diem in lieu of subsistence, at rates 
authorized for employees of agencies under subchapter I of chapter 57 
of title 5, United States Code, for each day the member is engaged in 
the performance of duties away from the home or regular place of 
business of the member.
    (b) The executive director may appoint and fix the compensation of 
such staff, including hearing officers, as are necessary to carry out 
this resolution.
    (c) The executive director may, with the prior consent of the 
Government department or agency concerned, use the services of any such 
department or agency, including the services of members or personnel of 
the General Accounting Office Personnel Appeals Board.
    (d) The executive director may procure the temporary (not to exceed 
1 year) or intermittent services of individual consultants or 
organizations thereof.

SEC. 5. STUDY AND REGULATIONS.

    (a) The Board of Directors shall conduct a study of the manner in 
which the laws referred to in clause 2(a) of rule LII of the Rules of 
the House of Representatives should apply to the House of 
Representatives. The Board of Directors shall complete such study and 
report the results to House of Representatives not later than 180 days 
after the date of the first appointment of the first executive 
director.
    (b) On an ongoing basis the Board of Directors--
            (1) shall determine which of the laws referred to in clause 
        2(b) of rule LII of the Rules of the House of Representatives 
        should apply to the House of Representatives and if it should, 
        the manner in which it should be made applicable;
            (2) shall study the application to the House of provisions 
        of Federal law referred to in paragraphs (a) and (b) of clause 
        2 of rule LII of the Rules of the House of Representatives that 
        are enacted after the date of adoption of this resolution;
            (3) may propose regulations with respect to such 
        application in accordance with subsection (c); and
            (4) may review the regulations in effect under subsection 
        (e)(1) and make such amendments as may be appropriate in 
        accordance with subsection (c).
    (c)(1)(A) Not later than 180 days after the date of the completion 
of the study under subsection (a), the Board of Directors shall, in 
accordance with section 553 of title 5, United States Code, propose 
regulations to implement the requirements of the laws referred to in 
clause 2(a) of rule LII of the Rules of the House of Representatives. 
The Board of Directors shall provide a period of at least 30 days for 
comment on the proposed regulations.
    (B) In addition to publishing a general notice of proposed 
rulemaking under section 553(b) of title 5, United States Code, the 
Board of Directors shall concurrently submit such notice for 
publication in the Congressional Record.
    (C) When proposing regulations under subparagraph (A) to implement 
the requirements of a law referred to in clause 2(a) of rule LII of the 
Rules of the House of Representatives, the Board of Directors shall 
recommend to the House of Representatives changes in or repeals of 
existing law to accommodate the application of such law to the House.
    (D) The Board of Directors shall, in accordance with such section 
553, issue final regulations not later than 60 days after the end of 
the comment period on the proposed regulations.
    (2)(A) Not later than 180 days after the date of the completion of 
the study or a determination under subsection (b), the Board of 
Directors shall, in accordance with section 553 of title 5, United 
States Code, propose regulations that specify which of the provisions 
of Federal law considered in such study shall apply to the House of 
Representatives. The Board of Directors shall provide a period of at 
least 30 days for comment on the proposed regulations.
    (B) In addition to publishing a general notice of proposed 
rulemaking under section 553(b) of title 5, United States Code, the 
Board of Directors shall concurrently submit such notice for 
publication in the Congressional Record.
    (C) When proposing regulations under subparagraph (A) specifying 
which of the provisions of Federal law referred to in clause 2(b) of 
rule LII of the Rules of the House of Representatives shall apply to 
the House of Representatives, the Board of Directors shall recommend to 
the House of Representatives changes in or repeals of existing law to 
accommodate the application of such law to the House.
    (D) The Board of Directors shall, in accordance with such section 
553, issue final regulations not later than 60 days after the end of 
the comment period on the proposed regulations.
    (3) Regulations under paragraphs (1) and (2) shall be consistent 
with the regulations issued by an agency of the executive branch of the 
Federal Government under the provision of law made applicable to the 
House of Representatives, including portions relating to remedies.
    (4) If a regulation is disapproved by a resolution considered under 
subsection (e), not later than 60 days after the date of the 
disapproval, the Board of Directors shall propose a new regulation to 
replace the regulation disapproved. The action of the Board of 
Directors under this paragraph shall be in accordance with the 
applicable requirements of this subsection.
    (d) A final regulation issued under subsection (c) shall be 
transmitted to the House of Representatives for consideration under 
paragraph (e).
    (e)(1) Subject to subsection (f), a final regulation which is 
issued under subsection (c) shall take effect upon the expiration of 60 
days from the date the final regulation is issued unless disapproved by 
the House of Representatives by resolution.
    (2) A resolution referred to in paragraph (1) may be introduced in 
the House of Representatives within 5 legislative days after the date 
on which the Board of Directors issues the final regulation to which 
the resolution applies. The matter after the resolving clause of the 
resolution shall be as follows: ``That the House of Representatives 
disapproves the issuance of final regulations of the Office of 
Compliance as issued on ____________ (the blank space being 
appropriately filled in).''.
    (3) A resolution referred to in paragraph (1) shall be referred to 
the appropriate committee. If no resolution is reported within 15 
legislative days after the Board of Directors issues final regulations 
under subsection (c)(1)(D) or (c)(2)(D), the committee to which the 
resolution was referred shall be discharged from further consideration 
of the first such resolution introduced and the resolution shall be 
placed on the appropriate calendar. Any meeting of a committee on a 
resolution shall be open to the public. Within 5 legislative days after 
the resolution is reported or discharged, it shall be in order as a 
privileged matter to move to proceed to its consideration and such 
motion shall not be debatable. The resolution shall be debatable for 
not to exceed 4 hours equally divided between proponents and opponents 
and it shall not be subject to amendment.
    (f) Any meeting of the Board of Directors held in connection with a 
study under subsection (a) or (b) shall be open to the public. Any 
meeting of the Board of Directors in connection with a regulation under 
subsection (c) shall be open to the public.

SEC. 6. OTHER FUNCTIONS.

    (a) The executive director shall adopt rules governing the 
procedures of the Office, subject to the approval of the Board of 
Directors, including the procedures of hearing boards, which shall be 
submitted for publication in the Congressional Record. The rules may be 
amended in the same manner. The executive director may consult with the 
Chairman of the Administrative Conference of the United States and the 
General Counsel of the House of Representatives on the adoption of 
rules.
    (b) The executive director shall have authority to conduct such 
investigations as the executive director requires to implement sections 
7 through 10.
    (c) The Office shall--
            (1) carry out a program of education for Members of the 
        House of Representatives and other employing authorities of the 
        House of Representatives respecting the laws made applicable to 
        them and a program to inform individuals of their rights under 
        laws applicable to the House of Representatives and under 
        sections 7 through 10,
            (2) in carrying out the program under paragraph (1), 
        distribute the telephone number and address of the Office, 
        procedures for action under sections 7 through 10, and any 
        other information the executive director deems appropriate for 
        distribution, distribute such information to Members and other 
        employing authorities of the House in a manner suitable for 
        posting, provide such information to new employees of the 
        House, distribute such information to the residences of 
        employees of the House, and conduct seminars and other 
        activities designed to educate employers and employees in such 
        information,
            (3) compile and publish statistics on the use of the Office 
        by employees of the House, including the number and type of 
        contacts made with the Office, on the reason for such contacts, 
        on the number of employees who initiated proceedings with the 
        Office under sections 7 through 10 and the result of such 
        proceedings, and on the number of employees who filed a 
        complaint under section 10, the basis for the complaint, and 
        the action taken on the complaint, and
            (4) within 180 days of the initial appointment of the 
        executive director and in conjunction with the Clerk, develop a 
        system for the collection of demographic data respecting the 
        composition of employees of the House, including race, sex, and 
        wages, and a system for the collection of information on 
        employment practices, including family leave and flexible work 
        hours, in House offices.
    (d) Within one year of the date the system referred to in 
subsection (c)(4) is developed and annually thereafter, the Board of 
Directors shall submit to the House of Representatives a report on the 
information collected under such system. Each report after the first 
report shall contain a comparison and evaluation of data contained in 
the previous report.

SEC. 7. PROCEDURE FOR CONSIDERATION OF ALLEGED VIOLATIONS.

    The procedure for consideration of alleged violations of laws made 
applicable to the House of Representatives under this rule consists of 
3 steps as follows:
            (1) Step I, counseling, as set forth in section 8.
            (2) Step II, mediation, as set forth in section 9.
            (3) Step III, formal complaint and hearing by a hearing 
        board, as set forth in section 10.

SEC. 8. STEP I: COUNSELING.

    (a) An employee of the House alleging a violation of a law made 
applicable to the House of Representatives under rule LII of the Rules 
of the House of Representatives may request counseling through the 
Office. The Office shall provide the employee with all relevant 
information with respect to the rights of the employee. A request for 
counseling shall be made not later than 180 days after the alleged 
violation forming the basis of the request for counseling occurred.
    (b) The period for counseling shall be 30 days unless the employee 
and the Office agree to reduce the period. The period shall begin on 
the date the request for counseling is received.

SEC. 9. STEP II: MEDIATION.

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

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

    (a) Not later than 30 days after receipt by the employee of the 
House of notice from the Office of the end of the mediation period 
under section 9, the employee of the House may file a formal complaint 
with the Office against the head of the employing authority involved. 
No complaint may be filed unless the employee has made a timely request 
for counseling and has completed the procedures set forth in sections 8 
and 9.
    (b) A board of 3 independent hearing officers (hereinafter in this 
resolution referred to as a ``hearing board''), who are not Members, 
officers, or employees of the House, chosen by the executive director 
(one of whom shall be designated by the executive director as the 
presiding hearing officer) shall be assigned to consider each complaint 
filed under subsection (a). The executive director shall appoint 
hearing officers from candidates who are recommended by the Federal 
Mediation and Conciliation Service or the Administrative Conference of 
the United States. A hearing board shall act by majority vote.
    (c) Prior to a hearing under subsection (d), a hearing board may 
dismiss any claim that it finds to be frivolous.
    (d) A hearing shall be conducted--
            (1) in closed session on the record by a hearing board; and
            (2) no later than 30 days after filing of the complaint 
        under subsection (a), except that the Office may, for good 
        cause, extend up to an additional 60 days the time for 
        conducting a hearing.
    (e) Reasonable prehearing discovery may be permitted at the 
discretion of the hearing board.
    (f)(1) A hearing board may authorize subpoenas, which shall be 
issued by the presiding hearing officer on behalf of the hearing board 
under the seal of the House of Representatives for the attendance of 
witnesses at proceedings of the hearing board and for the production of 
correspondence, books, papers, documents, and other records. The 
attendance of witnesses and the production of evidence may be required 
from any place within the United States.
    (2) If a person refuses to obey a subpoena issued under paragraph 
(1), the hearing board may report the refusal to the Committee on Rules 
which may take any action it deems appropriate, which shall be 
authorized by the chairman and ranking minority member acting jointly. 
Such action may include--
            (A) a referral to the Committee on Standards of Official 
        Conduct if the refusal is by a current Member of the House of 
        Representatives or officer or employee of the House of 
        Representatives, or
            (B) a report to the House of Representatives of a 
        resolution to certify a contempt pursuant to sections 102 and 
        104 of the Joint Resolution of June 22, 1938 (2 U.S.C. 192, 
        194) if the failure is by someone other than a current Member 
        of the House of Representatives or officer or employee of the 
        House of Representatives.
    (3) The subpoenas of the hearing board shall be served in the 
manner provided for subpoenas issued by a United States district court 
under the Federal Rules of Civil Procedure for the United States 
district courts.
    (4) All process of any court to which application is to be made 
under paragraph (2) may be served in the judicial district in which the 
person required to be served resides or may be found.
    (5) The hearing board is an agency of the United States for the 
purpose of part V of title 18, United States Code (relating to immunity 
of witnesses).
    (g) As expeditiously as possible, but in no case more than 45 days 
after the conclusion of the hearing, the hearing board shall make a 
decision in the matter for which the hearing was held. The decision of 
the hearing board shall be transmitted by the Office to the employee of 
the House and the employing authority. The decision shall state the 
issues raised by the complaint, describe the evidence in the record, 
and contain a determination as to whether a violation of a law made 
applicable to the House of Representatives under this rule has 
occurred. Any decision of the hearing board shall contain a written 
statement of the reasons for the hearing board's decision. A final 
decision of the hearing board shall be made available to the public by 
the Office.
    (h) If the decision of the hearing board under subsection (g) is 
that a violation of a law made applicable to the House of 
Representatives under rule LII of the Rules of the House of 
Representatives, it shall order the remedies under such law as made 
applicable to the House of Representatives under that rule, except that 
no Member of the House of Representatives or any other head of an 
employing authority, or agent of such a Member shall be personally 
liable for the payment of compensation. The hearing board shall have no 
authority to award punitive damages.
    (i)(1) A House employee or an employing authority may request the 
Board of Directors to review a decision of the hearing board under 
subsection (g) (including a decision after a remand under paragraph 
(2)(A)). Such a request shall be made within 30 days of the date of the 
decision of the hearing board. Review by the Board of Directors shall 
be based on the record of the hearing board.
    (2) The Board of Directors shall issue a decision not later than 60 
days after the date of the request under paragraph (1). The decision of 
the Board of Directors may--
            (A) remand to the hearing board the matter before the Board 
        of Directors for the purpose of supplementing the record or for 
        further consideration;
            (B) reverse the decision of the hearing board and enter a 
        new decision and order in accordance with subsection (h); or
            (C) direct that the decision and order of the hearing board 
        be considered as the final decision.
    (j) There shall be established in the House of Representatives a 
fund from which compensation (including attorney's fees) may be paid in 
accordance with an order under subsection (h) or (i). From the outset 
of any proceeding in which compensation may be paid from a fund of the 
House of Representatives, the General Counsel of the House of 
Representatives may provide the respondent with representation.

SEC. 11. RESOLUTION OF COMPLAINT.

    If, after a formal complaint is filed under section 10, the 
employee and the employing authority resolve the issues involved, the 
employee may withdraw the complaint or the parties may enter into a 
written agreement, subject to the approval of the executive director.

SEC. 12. PROHIBITION OF INTIMIDATION.

    Any intimidation of, or reprisal against, any employee of the House 
by any Member, officer, or employee of the House of Representatives 
because of the exercise of a right under this resolution constitutes an 
unlawful employment practice, which may be remedied in the same manner 
under this resolution as is a violation of a law made applicable to the 
House of Representatives under rule LII of the Rules of the House of 
Representatives.

SEC. 13. CONFIDENTIALITY.

    (a) All counseling shall be strictly confidential except that the 
Office and the employee may agree to notify the head of the employing 
authority of the allegations.
    (b) All mediation shall be strictly confidential.
    (c) Except as provided in subsection (d), the hearings and 
deliberations of the hearing board shall be confidential.
    (d) At the discretion of the executive director, the executive 
director may provide to the Committee on Standards of Official Conduct 
access to the records of the hearings and decisions of the hearing 
boards, including all written and oral testimony in the possession of 
the hearing boards, concerning a decision under section 10(g). The 
executive director shall not provide such access until the executive 
director has consulted with the individual filing the complaint at 
issue in the hearing, and until the hearing board has issued the 
decision.
    (e) The executive director shall coordinate the proceedings with 
the Committee on Standards of Official Conduct to ensure effectiveness, 
to avoid duplication, and to prevent penalizing cooperation by 
respondents in their respective proceedings.

SEC. 14. POLITICAL AFFILIATION AND PLACE OF RESIDENCE.

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

SEC. 15. EXCLUSIVITY OF PROCEDURES AND REMEDIES.

    The procedures and remedies under rule LII of the Rules of the 
House of Representatives are exclusive except to the extent that the 
Rules of the House of Representatives and the rules of the Committee on 
Standards of Official Conduct provide for additional procedures and 
remedies.

SEC. 16. STUDY.

    (a) The Office shall conduct a study--
            (1) of the ways that access by the public to information 
        held by the House of Representatives may be improved and 
        streamlined, and of the application of section 552 of title 5, 
        United States Code to the House of Representatives; and
            (2) of the application of the requirement of section 552a 
        of title 5, United States Code, to the House of 
        Representatives.
    (b) The study conducted under subsection (a) shall examine--
            (1) information that is currently made available under such 
        section 552 by Federal agencies and not by the House of 
        Representatives;
            (2) information held by the nonlegislative offices of the 
        House of Representatives, including--
                    (A) the Director of Non-legislative and Financial 
                Services,
                    (B) the Clerk,
                    (C) the Inspector General,
                    (D) the Sergeant at Arms,
                    (E) the Doorkeeper,
                    (F) the United States Capitol Police, and
                    (G) the House Commission on Congressional Mailing 
                Standards;
            (3) financial expenditure information of the House of 
        Representatives; and
            (4) provisions for judicial review of denial of access to 
        information held by the House of Representatives.
    (c) The Office shall conduct the study prescribed by subsection (a) 
and report the results of the study to the House of Representatives not 
later than one year after the date of the initial appointment of the 
Board of Directors.

SEC. 17. EFFECTIVE DATE AND TRANSITION RULES.

    (a) The amendments made by section 1 shall take effect on November 
1, 1994.
    (b) Effective at the beginning of the second session of the One 
Hundred Fourth Congress, rule LI of the Rules of the House of 
Representatives is repealed and rule LII of such Rules is redesignated 
as rule LI and all references to rule LII in sections 2 through 16 of 
this resolution are deemed to be references to rule LI of such Rules.
    (c) Notwithstanding subsection (b), until the beginning of the 
second session of the One Hundred Fourth Congress, the functions under 
rule LI of the Rules of the House of Representatives that are the 
responsibility of the Office of Fair Employment Practices shall 
continue to be the responsibility of that Office.
    (d) Any formal complaint filed under rule LI of the Rules of the 
House of Representatives before the close of the first session of the 
One Hundred Fourth Congress which has not been finally disposed of 
shall be transferred to the Office of Compliance for completion of all 
pending proceedings relating to that complaint. The Office of 
Compliance may make regulations to provide for the orderly transfer and 
disposition of such complaints.
    (e) In appointing staff under section 4(b), the executive director 
should give full consideration to employees of the Office of Fair 
Employment Practices.
    (f) Sections 1 through 16 and subsections (a) through (e) of this 
section shall have no force or effect upon the enactment by the One 
Hundred Third Congress of the Congressional Accountability Act, whether 
by enactment of the bill H.R. 4822, by incorporation of the text of 
that bill in another measure, or otherwise.
    Sec. 18. The chairman and ranking minority member of the Committee 
on House Administration, acting jointly, shall study and report 
recommendations to the Speaker and minority leader, no later than 
January 3, 1995, for changes in House rule LII to be adopted by the 
House to reconcile such rule with the existing jurisdiction of the 
Committee on House Administration.
    Sec. 19. The General Counsel of the House shall conduct a study to 
be submitted to the Speaker, minority leader, and the chairmen and 
ranking minority members of the Committees on House Administration and 
Rules no later than January 3, 1995, on further changes in House rules 
to provide to employees of the House (as defined in section 2) the 
ability to bring a civil action in Federal district court against an 
employing authority (as defined in section 2) for an alleged violation 
under Federal law to the extent that such violation relates to the 
terms and conditions of employment, until the statutory provisions 
contained in H.R. 4822, as passed by the House, are enacted.
                                 <all>
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