H. Res. 578

In the House of Representatives, U. S.,

October 7, 1994.

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 ll, One Hundred Third Congress, including the

issuance of regulations, to implement the requirements of the

following laws to the House of Representatives:
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‘‘(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.
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‘‘(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
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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.
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‘‘(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
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‘‘(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 Hun-
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dred 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
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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.
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(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
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(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.
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(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 ex-
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ecutive 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 is-
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sued on llllll (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
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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
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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 Representa-
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tives 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.
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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
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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.
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(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.
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(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.
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(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;
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(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
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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.
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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).
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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,
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(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,
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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
28

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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 chairman 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 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.

Attest:

Clerk.