I

103D CONGRESS

2D SESSION H. R. 3801

To improve the operations of the legislative branch of the Federal

Government, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 3, 1994

Mr. HAMILTON introduced the following bill; which was referred jointly to the

Committees on Rules, House Administration, and Government Operations

A BILL

To improve the operations of the legislative branch of the

Federal Government, and for other purposes.

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; TABLE OF CONTENTS.

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

5 ‘‘Legislative Reorganization Act of 1994’’.

6 (b) TABLE OF CONTENTS.—

Sec. 1. Short title; table of contents.

Sec. 2. Rulemaking power of Senate and House.

TITLE I—HOUSE OF REPRESENTATIVES

Sec. 101. Multiple referral of legislation.

Sec. 102. Membership on committees.

Sec. 103. Scheduling.

Sec. 104. Subcommittee meetings prohibited during full committee meetings.

Sec. 105. Committee reports.
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Sec. 106. Notice of jurisdictional violations.

Sec. 107. Independent investigations and factfinding for ethics investigations.

Sec. 108. Use of independent factfinders by the Committee on Standards of Official Conduct.

Sec. 109. Term of membership and chairmanship on Permanent Select Committee on Intelligence

Sec. 110. Reform of oversight process.

Sec. 111. Staff training.

Sec. 112. Availability of legislative information.

Sec. 113. Public understanding of Congress.

Sec. 114. House-Senate staff salary parity.

Sec. 115. Expansion of unauthorized appropriations points of order.

Sec. 116. Motion to recommit.

Sec. 117. Debate in the House.

Sec. 118. Committee reports.

Sec. 119. Publication of committee attendance and voting records.

Sec. 120. Accuracy of the Congressional Record.

Sec. 121. Recodification of Rules of the House of Representatives.

TITLE II—SENATE

TITLE III—JOINT HOUSE AND SENATE MATTERS

Subtitle A—Congressional Budget Process

CHAPTER 1—BIENNIAL BUDGETING

Sec. 301. Revision of timetable.

Sec. 302. Amendments to the Congressional Budget and Impoundment Control

Act of 1974.

Sec. 303. Amendments to title 31, United States Code.

Sec. 304. Two-year appropriations; title and style of appropriations Acts.

Sec. 305. Conforming amendments to Rules of House of Representatives.

Sec. 306. Multiyear authorizations.

CHAPTER 2—ADDITIONAL BUDGET PROCESS CHANGES

Sec. 321. CBO reports to budget committees.

Sec. 322. GNP budget analysis; fiscal and budget policy reports.

Sec. 323. Government-wide review.

Sec. 324. Content of budget resolutions.

CHAPTER 3—EFFECTIVE DATE

Sec. 331. Effective date; application.

Subtitle B—Staffing and Instrumentalities

Sec. 341. Legislative branch streamlining and restructuring.

Sec. 342. Authorization and funding of certain congressional instrumentalities.

Sec. 343. Coordination of legislative branch services.

Sec. 344. Competitive bidding for legislative branch services and facilities.

Subtitle C—Application of Federal Laws

Sec. 351. Definitions.
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Sec. 352. Application of laws.

Sec. 353. Office of compliance.

Sec. 354. Study and regulations.

Sec. 355. Other functions.

Sec. 356. Procedure for consideration of alleged violations.

Sec. 357. Step I: Counseling.

Sec. 358. Step II: Mediation.

Sec. 359. Step III: Formal complaint and hearing.

Sec. 360. Judicial review.

Sec. 361. Resolution of complaint.

Sec. 362. Prohibition of intimidation.

Sec. 363. Confidentiality.

Sec. 364. Political affiliation and place of residence.

Sec. 365. Other review.

Subtitle D—Miscellaneous

Sec. 371. Sunset agency reporting requirements.

Sec. 372. Joint committee on information management.

Subtitle E—Budget Control

Sec. 381. Short title; purpose.

Sec. 382. Establishment of direct spending targets.

Sec. 383. Annual review of direct spending and receipts by president.

Sec. 384. Special direct spending message by President.

Sec. 385. Required response by Congress.

Sec. 386. Adjustments to direct spending targets.

Sec. 387. Relationship to Balanced Budget and Emergency Deficit Control Act

of 1985.

Sec. 388. Estimating margin.

Sec. 389. Consideration of appropriation bills.

Sec. 390. Means-tested programs.

Sec. 391. Effective date.

1 SEC. 2. RULEMAKING POWER OF SENATE AND HOUSE.

2 The provisions of this Act (as applicable) are enacted

3 by the Congress—

4 (1) insofar as applicable to the House of Rep5 resentatives, as an exercise of the rulemaking power

6 of the House of Representatives, subject to and with

7 full recognition of the power of the House of Rep8 resentatives to enact or change any rule of the

9 House at any time in its exercise of its constitutional

10 right to determine the rules of its proceedings; and
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1 (2) insofar as applicable to the Senate, as an

2 exercise of the rulemaking power of the Senate and,

3 to the extent so applicable, those sections are

4 deemed a part of the Standing Rules of the Senate,

5 superseding other individual rules of the Senate only

6 to the extent that those sections are inconsistent

7 with those other individual Senate rules, subject to

8 and with full recognition of the power of the Senate

9 to enact or change any rule of the Senate at any

10 time in its exercise of its constitutional right to de11 termine the rules of its proceedings.

12 TITLE I—HOUSE OF

13 REPRESENTATIVES

14 SEC. 101. MULTIPLE REFERRAL OF LEGISLATION.

15 Clause 5(c) of rule X of the Rules of the House of

16 Representatives is amended—

17 (1) by inserting ‘‘and subject-matter’’ after

18 ‘‘time’’; and

19 (2) by adding at the end the following new sen20 tence:

21 ‘‘If practicable, whenever the Speaker refers a matter

22 simultaneously to two or more committees, he shall ini23 tially designate one committee as the committee of pri24 mary jurisdiction and subsequently place appropriate time

25 and subject-matter limitations for completion of consider-
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1 ation of the matter by any other committee after the com2 mittee of primary jurisdiction reports the matter.’’.

3 SEC. 102. MEMBERSHIP ON COMMITTEES.

4 (a) MAXIMUM NUMBER OF COMMITTEE AND SUB5 COMMITTEE ASSIGNMENTS.—Clause 6(a) of rule X of the

6 Rules of the House of Representatives is amended by add7 ing at the end the following new subparagraph:

8 ‘‘(3)(A) Except as provided by subdivision (E), no

9 Member (including the Resident Commissioner from Puer10 to Rico and each Delegate to the House) may serve on

11 more than 2 standing committees or 4 subcommittees of

12 those standing committees.

13 ‘‘(B) Any resolution submitted pursuant to the first

14 sentence of subparagraph (1) that violates subdivision (A)

15 shall not be privileged.

16 ‘‘(C) Before any committee may approve any sub17 committee assignment that violates subdivision (A), the

18 chairman or the ranking minority party member, as the

19 case may be, shall notify the appropriate party caucus.

20 Each such nomination for subcommittee membership shall

21 have no force or effect until approved by the House.

22 ‘‘(D) If a Member notifies the House of that Mem23 ber’s intention to make a unanimous consent request or

24 to offer a privileged motion to request a vote to waive the

25 limitation set forth in subdivision (A) with respect to that
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1 Member, then after the passage of 48 hours, the Speaker

2 may entertain, upon recommendation of the respective

3 party caucus, a unanimous consent request of that Mem4 ber or a privileged motion for the waiver of the limitation

5 set forth in subdivision (A) with respect to that Member.

6 No such privileged motion or unanimous consent request

7 may be made for more than one Member at a time.

8 ‘‘(E)(i) This subparagraph shall not apply to the

9 Committee on Standards of Official Conduct.

10 ‘‘(ii) Members serving on the Committee on the

11 Budget may serve on one other standing committee during

12 their term of service on the Committee on the Budget.

13 Such Members may take a leave of absence from service

14 on any committee or subcommittee during the period they

15 serve on the Budget Committee and their seniority rights

16 on such committees and on each subcommittee to which

17 they were assigned at the time shall be fully protected as

18 if they had continued to serve during the period on leave

19 of absence. Any Member on such a leave of absence from

20 a standing committee shall not be deemed to be in viola21 tion of any committee or subcommittee service limitation

22 in this subparagraph.’’.

23 (b) DE MINIMIS RULE FOR CONTINUATION OF

24 STANDING COMMITTEES.—Clause 6 of rule X of the Rules
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1 of the House of Representatives is amended by adding at

2 the end the following new paragraph:

3 ‘‘(i) If the membership of a standing committee for

4 a Congress is below 50 percent of the number of members

5 serving on that committee at the end of the One Hundred

6 Third Congress, then the Committee on Rules shall con7 sider a resolution amending these Rules to eliminate that

8 committee and transfer its jurisdiction to one or more

9 other standing committees.’’.

10 (c) RESTRICTION ON NUMBER OF SUBCOMMIT11 TEES.—Clause 6(d) of rule X of the Rules of the House

12 of Representatives is amended to read as follows:

13 ‘‘(d)(1) No exclusive or major committee, except the

14 Committee on Appropriations, shall have more than 5 sub15 committees. No nonmajor committee shall have more than

16 4 subcommittees.

17 ‘‘(2) As used in this paragraph, the terms exclusive,

18 major, and nonmajor, when referring to a committee, shall

19 have the meanings given them by the rules of the majority

20 party caucus.

21 ‘‘(3) No committee may establish any subunit of that

22 committee other than a subcommittee, unless the House,

23 by resolution, authorizes such establishment.’’.
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1 SEC. 103. SCHEDULING.

2 (a) LEGISLATIVE ACTIVITIES OF THE HOUSE.—It is

3 the sense of the House of Representatives that there

4 should be established a schedule of legislative activities of

5 the House that—

6 (1) provides for 4 full days of legislative busi7 ness per week while the House is in session;

8 (2) sets aside specific periods exclusively for

9 floor proceedings and exclusively for committee

10 meetings and hearings;

11 (3) rationalizes the scheduling of committee and

12 subcommittee meetings and hearings to minimize

13 scheduling conflicts; and

14 (4) encourages the use of computerized schedul15 ing to minimize such conflicts and requires that the

16 House Information Systems provide training to com17 mittee and subcommittee staff on the use of comput18 erized scheduling.

19 (b) NOTIFICATION OF COMMITTEE AND SUBCOMMIT20 TEE MEETINGS AND HEARINGS.—Clause 2(g)(3) of rule

21 XI of the Rules of the House of Representatives is amend22 ed—

23 (1) in the first sentence by striking ‘‘committee

24 hearing’’ and inserting ‘‘committee or subcommittee

25 meeting or hearing’’;
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1 (2) in the first sentence by inserting ‘‘meeting

2 or’’ before ‘‘hearing.’’; and

3 (3) in the second sentence by inserting ‘‘meet4 ing or’’ before ‘‘hearing’’.

5 SEC. 104. SUBCOMMITTEE MEETINGS PROHIBITED DURING

6 FULL COMMITTEE MEETINGS.

7 Clause 2(g) of rule XI is amended by adding at the

8 end the following new subparagraph:

9 ‘‘(7) No subcommittee of any committee may sit

10 when a meeting or hearing of the committee is in progress

11 without the prior written approval of the chairman of that

12 committee.’’.

13 ‘‘SEC. 105. COMMITTEE REPORTS.

14 ‘‘Clause 3 of rule XXI of the Rules of the House of

15 Representatives is amended to read as follows:

16 ‘‘3. A report from any committee accompanying any

17 bill authorizing or providing obligational authority or tax

18 expenditures (as defined by section 3(3) of the Congres19 sional Budget Act of 1974), or the joint explanatory state20 ment accompanying a conference report on any bill au21 thorizing or providing obligational authority or tax ex22 penditures shall contain a concise statement—

23 ‘‘(1) describing fully the effect of any provision

24 of the accompanying bill or conference report which
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1 directly or indirectly changes the application of ex2 isting laws; and

3 ‘‘(2) in a separate, clearly identifiable part of

4 the report or joint explanatory statement, list each

5 item in the accompanying bill (or that report) or

6 conference report (or that joint explanatory state7 ment) that earmarks the required use of funds below

8 the appropriation account level or provides a specific

9 tax expenditure.’’.

10 SEC. 106. NOTICE OF JURISDICTIONAL VIOLATIONS.

11 Rule XXI of the Rules of the House of Representa12 tives is amended by adding at the end the following new

13 clause:

14 ‘‘8. (a) Whenever the Committee on Appropriations

15 orders reported any general appropriation bill which in16 cludes any provision in violation of clause 2 or 6 and with17 in the jurisdiction of any other standing committee, it

18 shall immediately notify that committee.

19 ‘‘(b) Whenever any other committee of the House or20 ders reported any bill or resolution, or amendment thereto,

21 carrying an appropriation from a committee not having

22 jurisdiction to report appropriations in violation of clause

23 5, that committee shall immediately notify the Committee

24 on Appropriations.
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1 ‘‘(c) The Committee on Appropriations shall deliver

2 copies of appropriation bills as passed the House with

3 numbered Senate amendments to the appropriate author4 izing committees at least 24 hours before requesting ap5 pointment of conferees thereon unless the Speaker deter6 mines otherwise. The Committee on Appropriations shall,

7 upon the filing of a conference report on an appropriation

8 measure, deliver copies of the conference report and ac9 companying joint explanatory statement to the appro10 priate authorizing committees at least 24 hours before

11 floor action thereon unless the Speaker determines other12 wise.’’.

13 SEC. 107. INDEPENDENT INVESTIGATIONS AND FACTFIND14 ING FOR ETHICS INVESTIGATIONS.

15 (a) APPOINTMENT OF INDEPENDENT PANEL.—(1)

16 The Speaker and the minority leader of the House of Rep17 resentatives shall appoint jointly 20 independent

18 factfinders at the beginning of each Congress to carry out

19 investigations on behalf of the House of Representatives

20 as required by the Committee on Standards of Official

21 Conduct. Independent factfinders appointed under this

22 section may include former Members of Congress, former

23 officers or employees of the Congress, or other private

24 citizens.
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1 (2) No individual who engages in, or is otherwise em2 ployed in, lobbying of the Congress and who is required

3 under the Federal Regulation of Lobbying Act to register

4 with the Clerk of the House of Representatives or the

5 Secretary of the Senate shall be considered eligible for ap6 pointment as an independent factfinder under this sub7 section.

8 (b) COMPENSATION OF FACTFINDERS.—

9 (1) IN GENERAL.—Each independent factfinder

10 shall be compensated at a rate equal to the daily

11 equivalent of the annual rate of basic pay prescribed

12 for level IV of the Executive Schedule under section

13 5315 of title 5, United States Code, for each day

14 (including travel time) during which the independent

15 factfinder is engaged in the performance of his or

16 her duties under this section.

17 (2) TRAVEL EXPENSES.—Each independent

18 factfinder shall be allowed travel expenses, including

19 per diem in lieu of subsistence, at rates authorized

20 for employees of agencies under subchapter I of

21 chapter 57 of title 5, United States Code, while

22 away from his or her home or regular place of busi23 ness in the performance of his or her duties under

24 this section.
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1 SEC. 108. USE OF INDEPENDENT FACTFINDERS BY THE

2 COMMITTEE ON STANDARDS OF OFFICIAL

3 CONDUCT.

4 The Committee on Standards of Official Conduct of

5 the House of Representatives shall adopt rules—

6 (1) allowing the committee to decide whether to

7 use, on a case-by-case basis, 4 or 6 independent

8 factfinders appointed in lieu of a 4 or 6-member in9 vestigative subcommittee whenever the committee

10 votes to conduct a preliminary inquiry;

11 (2) providing for the joint selection of 4 or 6

12 independent factfinders by the chairman and rank13 ing minority party member from the pool of 20 inde14 pendent factfinders appointed pursuant to section

15 107(a);

16 (3) providing that whenever independent

17 factfinders are used in lieu of a 4 or 6-member in18 vestigative subcommittee—

19 (A) upon completion of an investigation,

20 the independent factfinders shall report their

21 findings of fact and recommendations, if any, to

22 the committee;

23 (B) if the independent factfinders, by ma24 jority vote, adopt a statement of alleged viola25 tion, the entire committee shall be deemed to be

26 an adjudicatory subcommittee and be governed
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1 by the rules adopted by the committee to carry

2 out section 803(d) of the Ethics Reform Act of

3 1989;

4 (4) providing that independent factfinders con5 ducting an investigation pursuant to this subsection

6 shall have the same power to investigate as vested

7 in the investigative subcommittee, subject to the ap8 proval of the chairman and ranking minority party

9 member; and

10 (5) providing that the staff of the committee

11 shall assist the independent factfinders in carrying

12 out their responsibilities.

13 SEC. 109. TERM OF MEMBERSHIP AND CHAIRMANSHIP ON

14 PERMANENT SELECT COMMITTEE ON INTEL15 LIGENCE

16 Clause 1(c) of rule XLVIII of the Rules of the House

17 of Representatives is amended to read as follows:

18 ‘‘(c) No Member of the House other than the major19 ity leader and the minority leader may serve on the select

20 committee during more than four Congresses in any pe21 riod of six successive Congresses (disregarding for this

22 purpose any service performed as a member of such com23 mittee for less than a full session in any Congress), except

24 that the incumbent chairman or ranking minority member

25 having served on the select committee for four Congresses
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1 and having served as chairman or ranking minority mem2 ber for not more than one Congress shall be eligible for

3 reappointment to the select committee as chairman or

4 ranking minority member for one additional Congress.’’.

5 SEC. 110. REFORM OF OVERSIGHT PROCESS.

6 (a) COMMITTEE OVERSIGHT AGENDA.—Clause 2 of

7 Rule X of the Rules of the House of Representatives is

8 amended by adding at the end the following:

9 ‘‘(d)(1) Not later than March 1 of the first session

10 of a Congress, each standing committee of the House shall

11 adopt an oversight agenda for that Congress addressing

12 the matters in paragraph (b)(1) of this Clause, and that

13 agenda shall be submitted to the Committee on House Ad14 ministration. Each committee may request the assistance

15 of the General Accounting Office and the Congressional

16 Research Service of the Library of Congress in developing

17 its oversight agenda and shall, to the maximum extent fea18 sible—

19 ‘‘(A) give priority consideration to including in

20 its plans the review of those laws, programs, or

21 agencies operating under permanent budget author22 ity or permanent statutory authority;

23 ‘‘(B) consult with other committees of the

24 House which have jurisdiction over the same or re25 lated laws, programs, or agencies within its jurisdic-
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1 tion with the objective of ensuring that there is max2 imum coordination between such committees in the

3 conduct of such reviews; and such plans shall include

4 an explanation of what steps have been and will be

5 taken to assure such coordination and cooperation;

6 and

7 ‘‘(C) ensure that all significant laws, programs,

8 or agencies within its jurisdiction are subject to re9 view at least once every 10 years.

10 ‘‘(2) Each standing committee shall transmit its over11 sight agenda to the Committee on House Administration

12 for appropriate consideration in conjunction with its com13 mittee expense resolution pursuant to clause 5 of rule XI.

14 ‘‘(3) Not later than March 31 in the first session of

15 a Congress the Committee on House Administration, in

16 consultation with the Committee on Government Oper17 ations, shall publish and report to the House the oversight

18 agenda submitted by each committee together with any

19 recommendations which it may make to assure the most

20 effective coordination of such plans and otherwise achieve

21 the objective of this Clause.

22 ‘‘(e) Each standing committee of the House shall hold

23 hearings during each Congress for the purpose of review24 ing appropriate reports relating to the activities of execu25 tive agencies over which the committee has oversight re-
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1 sponsibility filed during the preceding Congress, including

2 reports of the inspectors general, the General Accounting

3 Office, as well as agency audit reports.

4 ‘‘(f) The Speaker, with approval of the House, may

5 appoint special ad hoc oversight committees for the pur6 pose of reviewing specific matters within the jurisdiction

7 of 2 or more standing committees.’’.

8 (b) COMMITTEE OVERSIGHT REPORT.—Clause 1(d)

9 of Rule XI of the Rules of the House of Representatives

10 is amended to read as follows:

11 ‘‘(d)(1) Each committee shall submit to the House

12 not later than January 2 of each odd-numbered year, a

13 report on the activities of that committee under this Rule

14 and Rule X during the Congress ending on January 3 of

15 such year.

16 ‘‘(2) Such report shall include separate sections sum17 marizing the legislative and oversight activities of that

18 committee during that Congress.

19 ‘‘(3) The oversight section of such report shall in20 clude a summary of the oversight agenda submitted by

21 the committee pursuant to Clause 2(d) of Rule X, a sum22 mary of the actions taken and recommendations made

23 with respect to each such agenda, and a summary of any

24 additional oversight activities undertaken by that commit-
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1 tee, and any recommendations made or actions taken

2 thereon.’’.

3 SEC. 111. STAFF TRAINING.

4 It is the sense of the House that the Committee on

5 House Administration should review the training and ori6 entation programs currently available for the personal,

7 committee, and administrative staff of the House, evaluate

8 their overall effectiveness and utility, and develop, admin9 ister, and coordinate a comprehensive training program

10 for House staff employees to enhance their subject exper11 tise, skills, and knowledge so they can better assist the

12 House of Representatives in the discharge of its respon13 sibilities.

14 SEC. 112. AVAILABILITY OF LEGISLATIVE INFORMATION.

15 It is the sense of the House that—

16 (1) the 3-day layover requirement for committee

17 reports on legislation and on conference reports may

18 not be waived unless the legislation and any accom19 panying committee report or conference report have

20 been available to each Member for at least 24 hours

21 prior to its consideration on the House floor;

22 (2) an amendment to a bill to be considered

23 under suspension of the rules should be printed and

24 available to each Member for at least 24 hours prior

25 to its consideration;
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1 (3) committees and conference committees

2 should endeavor to file reports on word processing

3 computer disks to facilitate availability to Members;

4 (4) an internal cable system, a cable channel, or

5 party specific channels should be developed to pro6 vide Members with summaries of the pending legisla7 tion and should be available to Members in their of8 fices, committee hearing rooms, and in the cloak9 rooms;

10 (5) the full text of bills, amendments, reports,

11 Congressional Budget Office cost estimates, General

12 Accounting Office reports, Office of Technology As13 sessment reports, Congressional Research Service re14 ports and Issue Briefs, the Code of Federal Regula15 tions, the annotated Code of Federal Regulations,

16 the Congressional Record, and the Federal Register

17 should be made available to all Members and con18 gressional staff via computer no later than the be19 ginning of the 105th Congress; and

20 (6) appropriate legislative information referred

21 to under paragraph (5) should also be made avail22 able to the public and the Depository Libraries

23 through a low-cost computer connection.
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1 SEC. 113. PUBLIC UNDERSTANDING OF CONGRESS.

2 It is the sense of the House of Representatives that

3 steps should be taken to improve the public’s understand4 ing of Congress and the legislative process by—

5 (1) enhancing floor debate on major national is6 sues and improving the deliberative process on the

7 floor of the House by, for example, implementing

8 Oxford Union-style debates and related innovations;

9 (2) endorsing the efforts of the United States

10 Capitol Preservation Commission to raise private

11 funds for the creation of a congressional education

12 center;

13 (3) creating a central information telephone line

14 to enable citizens to find out such information as the

15 daily floor schedule, committee schedules, bill status

16 information, issue summaries, newly released re17 ports, how to access on-line information, and visitor

18 information;

19 (4) encouraging civic education programs to

20 better inform students, teachers, and citizens in gen21 eral about the legislative process; and

22 (5) encouraging the media galleries to orient

23 new journalists to the galleries and the Capitol and

24 to set up parliamentary procedure orientations

25 through the Congressional Research Service or some

26 other entity.
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1 SEC. 114. HOUSE-SENATE STAFF SALARY PARITY.

2 It is the sense of the House that the Committee on

3 House Administration and the Committee on Appropria4 tions of the House of Representatives, in consultation with

5 the Committee on Rules and Administration and the Com6 mittee on Appropriations of the Senate, should conduct

7 a study of the salary ranges of House and Senate per8 sonal, committee, and administrative staff with a view to9 ward achieving bicameral salary parity for House and Sen10 ate staff performing analogous functions.

11 SEC. 115. EXPANSION OF UNAUTHORIZED APPROPRIA12 TIONS POINTS OF ORDER.

13 Clause 2(a) of rule XXI of the Rules of the House

14 of Representatives is amended by adding at the end the

15 following new sentence: ‘‘It shall not be in order to con16 sider any provision of a general appropriation bill (except

17 a conference report) that would exceed any applicable au18 thorization level as set forth in any authorization measure

19 as passed by the House.’’.

20 SEC. 116. MOTION TO RECOMMIT.

21 (a) AFFIRMATION OF THE MOTION TO RECOMMIT.—

22 The second sentence of clause 4(b) of rule XI of the Rules

23 of the House of Representatives is amended by inserting

24 ‘‘nor shall it report any rule or order which would prevent

25 the motion to recommit from being made as provided in

26 clause 4 of rule XVI, including a motion to recommit with
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1 amendatory instructions (except in the case of a Senate

2 measure for which the language of a House-passed meas3 ure has been proposed to be substituted) if offered by the

4 minority leader (or a designee);’’ after ‘‘present;’’.

5 (b) POSTPONEMENT OF CONSIDERATION.—Rule I of

6 the Rules of the House of Representatives is amended by

7 adding at the end thereof the following new clause:

8 ‘‘3. The Speaker may postpone for not to exceed 2

9 hours the consideration of any motion to recommit.’’.

10 SEC. 117. DEBATE IN THE HOUSE.

11 Strike the second sentence of clause 1 of rule XIV

12 of the Rules of the House of Representatives and insert

13 the following: ‘‘Debate may include references to actions

14 taken by the Senate or by the committees thereof which

15 are a matter of public record, references to the pendency

16 or sponsorship in the Senate of bills, resolutions, and

17 amendments, descriptions relating to Senate action or in18 action concerning a measure or matter, descriptions relat19 ing to the rules of the Senate and the effect of such rules

20 on actions concerning measures or matters in the Senate,

21 and quotations from Senate proceedings.’’.

22 SEC. 118. COMMITTEE REPORTS.

23 (a) ROLLCALL VOTES.—Clause 2(l)(2)(B) of rule XI

24 of the Rules of the House of Representatives is amended

25 to read as follows:
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1 ‘‘(B) With respect to each rollcall vote on a motion

2 to report any bill, resolution or matter of a public char3 acter, the total number of votes cast for and against re4 porting, and the names of those members voting for and

5 against, shall be included in the committee report on the

6 measure or matter.’’.

7 (b) VOICE VOTES.—Clause 2(l)(2) of rule XI of the

8 Rules of the House of Representatives is amended by add9 ing at the end the following:

10 ‘‘(C) With respect to each nonrecord vote on a motion

11 to report any measure or matter of a public character,

12 the names of those members of the committee actually

13 present at the time the measure or matter is ordered re14 ported shall be included in the committee report.’’.

15 SEC. 119. PUBLICATION OF COMMITTEE ATTENDANCE AND

16 VOTING RECORDS.

17 Clause 2(e)(1) of rule XI of the Rules of the House

18 of Representatives is amended—

19 (1) in the first sentence by inserting ‘‘or sub20 committee’’ after ‘‘committee’’ the second place it

21 appears; and

22 (2) by inserting at the end the following new

23 sentence: ‘‘The chairman of each committee shall

24 publish, in the Congressional Record, the committee

25 and subcommittee attendance and voting records (by
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1 calendar day) of each member of the committee on

2 or before July 1 and on the last day of the session

3 of each calendar year.’’.

4 SEC. 120. ACCURACY OF THE CONGRESSIONAL RECORD.

5 Rule XIV of the Rules of the House of Representa6 tives is amended by adding at the end the following new

7 section:

8 ‘‘9. (a) The Congressional Record shall be a substan9 tially verbatim account of remarks made during the pro10 ceedings of the House, subject only to technical, grammat11 ical, and typographical corrections authorized by the Mem12 ber making the remarks involved.

13 ‘‘(b) Unparliamentary remarks may be deleted only

14 by unanimous consent or by other order of the House.

15 ‘‘(c) The provisions of clause 4(e)(1) of rule X shall

16 apply to violations of this rule.’’.

17 SEC. 121. RECODIFICATION OF RULES OF THE HOUSE OF

18 REPRESENTATIVES.

19 The Parliamentarian of the House of Representatives

20 shall, at the beginning of the 104th Congress, commence

21 to recodify the Rules of the House of Representatives by

22 clarifying conflicting definitions, eliminating anachro23 nisms, and reorganizing the rules into a more coherent

24 and logical structure. Such recodification shall be com25 pleted prior to the commencement of the 105th Congress.
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1 For the purpose of carrying out the recodification, the

2 Parliamentarian may utilize the services of personnel in

3 the Congressional Research Service and the Government

4 Printing Office.

5 TITLE II—SENATE

6 øLanguage to be supplied.¿

7 TITLE III—JOINT HOUSE AND

8 SENATE MATTERS

9 Subtitle A—Congressional Budget

10 Process

11 CHAPTER I—BIENNIAL BUDGETING

12 SEC. 301. REVISION OF TIMETABLE.

13 Section 300 of the Congressional Budget Act of 1974

14 (2 U.S.C. 631) is amended to read as follows:

15 ‘‘TIMETABLE

16 ‘‘SEC. 300. (a) IN GENERAL.—Except as provided by

17 subsection (b), the timetable with respect to the congres18 sional budget process for any Congress (beginning with

19 the One Hundred Fourth Congress) is as follows:

‘‘First Session

‘‘On or before: Action to be completed:

First Monday in February.President submits budget recommendations.

February 15 ................ Congressional Budget Office submits report

to Budget Committees.

Within 6 weeks after

budget submission.

Committees submit views and estimates to

Budget Committees.

April 1 ......................... Budget Committees report concurrent resolution on the biennial budget.
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‘‘First Session—Continued

April 15 ....................... Congress completes action on concurrent resolution on the biennial budget.

May 15 ........................ Biennial appropriation bills may be considered

in the House.

June 10 ....................... House Appropriations Committee reports last

biennial appropriation bill.

June 15 ....................... Congress completes action on reconciliation

legislation.

June 30 ....................... Congress completes action on biennial appropriation bills.

October 1 ..................... Biennium begins.

‘‘Second Session

‘‘On or before: Action to be completed:

May 15 ........................ Congressional Budget Office submits report

to Budget Committees.

The last day of the session.Congress completes action on bills and resolutions authorizing a new budget authority

for the succeeding biennium.

1 ‘‘(b) SPECIAL RULE.—In the case of any session of

2 Congress that begins in any year immediately following

3 a leap year and during which the term of a President (ex4 cept a President who succeeds himself) begins, the follow5 ing dates shall supersede those set forth in subsection (a):

6 ‘‘(1) First Monday in April, President submits

7 budget recommendations.

8 ‘‘(2) April 20, committees submit views and es9 timates to Budget Committees.

10 ‘‘(3) May 15, Budget Committees report con11 current resolution on the biennial budget.

12 ‘‘(4) June 1, Congress completes action on con13 current resolution on the biennial budget.

14 ‘‘(5) July 1, biennial appropriation bills may be

15 considered in the House.
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1 ‘‘(6) July 20, House Appropriations Committee

2 reports last biennial appropriation bill.’’.

3 SEC. 302. AMENDMENTS TO THE CONGRESSIONAL BUDGET

4 AND IMPOUNDMENT CONTROL ACT OF 1974.

5 (a) DECLARATION OF PURPOSE.—Section 2(2) of the

6 Congressional Budget and Impoundment Control Act of

7 1974 (2 U.S.C. 621(2)) is amended by striking ‘‘each

8 year’’ and inserting ‘‘biennially’’.

9 (b) DEFINITIONS.—

10 (1) Section 3(4) of such Act (2 U.S.C. 622(4))

11 is amended by striking ‘‘fiscal year’’ each place it

12 appears and inserting ‘‘biennium’’.

13 (2) Section 3 of such Act (2 U.S.C. 622) is fur14 ther amended by adding at the end the following

15 new paragraph:

16 ‘‘(11) The term ‘biennium’ means the period of

17 2 consecutive fiscal years beginning on October 1 of

18 any odd-numbered year.’’.

19 (c) BIENNIAL CONCURRENT RESOLUTION ON THE

20 BUDGET.—

21 (1) Section 301(a) of such Act (2 U.S.C.

22 632(a)) is amended—

23 (A) by striking ‘‘April 15 of each year’’

24 and inserting ‘‘April 15 of each odd-numbered

25 year’’;
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1 (B) by striking ‘‘the fiscal year beginning

2 on October 1 of such year’’ the first place it ap3 pears and inserting ‘‘the biennium beginning on

4 October 1 of such year’’;

5 (C) by striking ‘‘the fiscal year beginning

6 on October 1 of such year’’ the second place it

7 appears and inserting ‘‘each fiscal year in such

8 period’’;

9 (D) by striking ‘‘and planning levels for

10 each of the two ensuing fiscal years’’ and in11 serting ‘‘and the appropriate levels for each of

12 the 3 ensuing fiscal years’’;

13 (E) in paragraph (6) by striking ‘‘for the

14 fiscal year of the resolution and for each of the

15 4’’ and inserting ‘‘for the biennium of the reso16 lution and each of the 3’’; and

17 (F) in paragraph (7) by striking ‘‘for the

18 fiscal year of the resolution and for each of the

19 4’’ and inserting ‘‘for the biennium of the reso20 lution and each of the 3’’.

21 (2) Section 301(b) of such Act (2 U.S.C.

22 632(b)) is amended—

23 (A) in the matter preceding paragraph (1)

24 by inserting ‘‘for a biennium’’ after ‘‘concurrent

25 resolution on the budget’’; and
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1 (B) in paragraph (3) by striking ‘‘for such

2 fiscal year’’ and inserting ‘‘for either fiscal year

3 in such biennium’’.

4 (3) Section 301(d) of such Act (2 U.S.C.

5 632(d)) is amended by inserting ‘‘(or, if applicable,

6 as provided by section 300(b))’’ after ‘‘United States

7 Code’’.

8 (4) Section 301(e) of such Act (2 U.S.C.

9 632(e)) is amended—

10 (A) in the first sentence by striking ‘‘fiscal

11 year’’ and inserting ‘‘biennium’’;

12 (B) by inserting between the second and

13 third sentences the following new sentence: ‘‘On

14 or before April 1 of each odd-numbered year

15 (or, if applicable, as provided by section 300(b))

16 the Committee on the Budget of each House

17 shall report to its House the concurrent resolu18 tion on the budget referred to in subsection (a)

19 for the biennium beginning on October 1 of

20 that year.’’;

21 (C) in paragraph (6) by striking ‘‘such fis22 cal year,’’ and inserting ‘‘the first fiscal year of

23 such biennium,’’; and
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1 (D) in paragraph (10) by striking ‘‘the fis2 cal year covered’’ and inserting ‘‘the biennium

3 covered’’.

4 (5) Section 301(f) of such Act (2 U.S.C.

5 632(f)) is amended by striking ‘‘fiscal year’’ each

6 place it appears and inserting ‘‘biennium’’.

7 (6) Section 301(g)(1) of such Act (U.S.C.

8 632(g)(1)) is amended by striking ‘‘for a fiscal year’’

9 and inserting ‘‘for a biennium’’.

10 (7) The section heading of section 301 of such

11 Act is amended by striking ‘‘ANNUAL’’ and insert12 ing ‘‘BIENNIAL’’.

13 (8) The table of contents set forth in section

14 1(b) of such Act is amended by striking ‘‘Annual’’

15 in the item relating to section 301 and inserting

16 ‘‘Biennial’’.

17 (d) SECTION 302 COMMITTEE ALLOCATIONS.—Sec18 tion 302(a)(2) of such Act (2 U.S.C. 633(a)(2)) is amend19 ed by striking ‘‘fiscal year of the resolution and for each

20 of the 4 succeeding fiscal years’’ and inserting ‘‘the bien21 nium of the resolution and each of the 3 succeeding fiscal

22 years’’.

23 (e) SECTION 303 POINT OF ORDER.—
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1 (1) Section 303(a) of such Act (2 U.S.C.

2 634(a)) is amended by striking ‘‘fiscal year’’ each

3 place it appears and inserting ‘‘biennium’’.

4 (2) Section 303(b) of such Act (2 U.S.C.

5 634(b)) is amended—

6 (A) in subparagraphs (A) and (B) of para7 graph (1) by striking ‘‘the fiscal year’’ each

8 place it appears and inserting ‘‘biennium’’;

9 (B) in paragraph (1) by striking ‘‘any cal10 endar year’’ and inserting ‘‘any odd-numbered

11 calendar year (or, if applicable, as provided by

12 section 300(b))’’; and

13 (C) by striking paragraph (2), striking

14 ‘‘(1)’’, and redesignating subparagraphs (A)

15 and (B) as paragraphs (1) and (2), respectively.

16 (f) PERMISSIBLE REVISIONS OF CONCURRENT RESO17 LUTIONS ON THE BUDGET.—Section 304(a) of such Act

18 (2 U.S.C. 635) is amended—

19 (1) by striking ‘‘fiscal year’’ the first two places

20 it appears and inserting ‘‘biennium’’;

21 (2) by striking ‘‘for such fiscal year’’; and

22 (3) by inserting before the period ‘‘for such

23 biennium’’.

24 (g) PROCEDURES FOR CONSIDERATION OF BUDGET

25 RESOLUTIONS.—Section 305(a)(3) of such Act (2 U.S.C.
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1 636(b)(3)) is amended by striking ‘‘fiscal year’’ and in2 serting ‘‘biennium’’.

3 (h) REPORTS AND SUMMARIES OF CONGRESSIONAL

4 BUDGET ACTIONS.—Section 308(a)(1)(A) of such Act (2

5 U.S.C. 639(a)(1)) is amended by striking ‘‘fiscal year (or

6 fiscal years)’’ and inserting ‘‘biennium’’.

7 (i) COMPLETION OF ACTION ON REGULAR APPRO8 PRIATION BILLS.—Section 309 of such Act (2 U.S.C.

9 640) is amended—

10 (1) by inserting ‘‘of any odd-numbered calendar

11 year’’ after ‘‘July’’;

12 (2) by striking ‘‘annual’’ and inserting ‘‘regu13 lar’’; and

14 (3) by striking ‘‘fiscal year’’ and inserting ‘‘bi15 ennium’’.

16 (j) RECONCILIATION PROCESS.—

17 (1) Section 310(a) of such Act (2 U.S.C.

18 641(a)) is amended—

19 (A) by striking ‘‘any fiscal year’’ in the

20 matter preceding paragraph (1) and inserting

21 ‘‘any biennium’’;

22 (B) in paragraph (1) by striking ‘‘such fis23 cal year’’ each place it appears and inserting

24 ‘‘each fiscal year in such biennium’’; and
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1 (C) in paragraph (2) by inserting ‘‘for each

2 fiscal year in such biennium’’ after ‘‘revenues’’.

3 (2) Section 310(f) of such Act (2 U.S.C.

4 641(f)) is amended by striking ‘‘for such fiscal year’’

5 and inserting ‘‘for such biennium’’.

6 (k) SECTION 311 POINT OF ORDER.—

7 (1)(A) Section 311(a)(1) of such Act (2 U.S.C.

8 642(a)) is amended—

9 (i) by striking ‘‘for a fiscal year’’ and in10 serting ‘‘for a biennium’’;

11 (ii) by striking ‘‘such fiscal year’’ the first

12 place it appears and inserting ‘‘either fiscal

13 year in such biennium’’;

14 (iii) by striking ‘‘during such fiscal year’’

15 and inserting ‘‘during either fiscal year in such

16 biennium’’;

17 (iv) by striking ‘‘revenues for such fiscal

18 year’’ and inserting ‘‘revenues for a fiscal

19 year’’; and

20 (v) by striking ‘‘budget for such fiscal

21 year’’ and inserting ‘‘budget for either fiscal

22 year in such biennium’’.

23 (B) Section 311(a)(2)(A) of such Act is amend24 ed—
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1 (i) by striking ‘‘for the first’’ and inserting

2 ‘‘for either’’;

3 (ii) by striking ‘‘covering such fiscal year’’

4 and inserting ‘‘covering such biennium’’;

5 (iii) by striking ‘‘the first fiscal year cov6 ered’’ and inserting ‘‘either fiscal year in such

7 biennium covered’’;

8 (iv) by striking ‘‘the first fiscal year plus’’

9 and inserting ‘‘the biennium plus’’; and

10 (v) by striking ‘‘4 fiscal years’’ and insert11 ing ‘‘3 fiscal years’’.

12 (2) Section 311(b) of such Act (2 U.S.C.

13 642(b)) is amended by striking ‘‘such fiscal year’’

14 the second place it appears and inserting ‘‘either fis15 cal year in such biennium’’.

16 (l) BILLS PROVIDING NEW SPENDING AUTHORITY.—

17 Section 401(b)(2) of such Act (2 U.S.C. 651(b)(2)) is

18 amended by striking ‘‘for such fiscal year’’ the second

19 place it appears and inserting ‘‘for the biennium in which

20 such fiscal year occurs’’.

21 (m) DATE OF ADJUSTING ALLOCATIONS.—Section

22 603(a) of such Act (2 U.S.C. 665b) is amended by insert23 ing after ‘‘April 15’’ the following ‘‘(or if section 300(b)

24 applies by June 15th)’’.
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1 SEC. 303. AMENDMENTS TO TITLE 31, UNITED STATES

2 CODE.

3 (a) DEFINITION.—Section 1101 of title 31, United

4 States Code, is amended by adding at the end thereof the

5 following new paragraph:

6 ‘‘(3) ‘biennium’ has the meaning given to such

7 term in paragraph (12) of section 3 of the Congres8 sional Budget and Impoundment Control Act of

9 1974 (2 U.S.C. 622(12)).’’.

10 (b) BUDGET CONTENTS AND SUBMISSION TO THE

11 CONGRESS.—

12 (1) So much of section 1105(a) of title 31,

13 United States Code, as precedes paragraph (1)

14 thereof is amended to read as follows:

15 ‘‘(a) On or before the first Monday in February of

16 each odd-numbered year (or, if applicable, as provided by

17 section 300(b) of the Congressional Budget Act of 1974),

18 beginning with the One Hundred Fourth Congress, the

19 President shall transmit to the Congress, the budget for

20 the biennium beginning on October 1 of such calendar

21 year. The budget transmitted under this subsection shall

22 include a budget message and summary and supporting

23 information. The President shall include in each budget

24 the following:’’.

25 (2) Section 1105(a)(5) of title 31, United

26 States Code, is amended by striking ‘‘the fiscal year
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1 for which the budget is submitted and the 4 fiscal

2 years after that year’’ and inserting ‘‘each fiscal

3 year in the biennium for which the budget is submit4 ted and in the succeeding 3 years’’.

5 (3) Section 1105(a)(6) of title 31, United

6 States Code, is amended by striking ‘‘the fiscal year

7 for which the budget is submitted and the 4 fiscal

8 years after that year’’ and inserting ‘‘each fiscal

9 year in the biennium for which the budget is submit10 ted and in the succeeding 3 years’’.

11 (4) Section 1105(a)(9)(C) of title 31, United

12 States Code, is amended by striking ‘‘the fiscal

13 year’’ and inserting ‘‘each fiscal year in the

14 biennium’’.

15 (5) Section 1105(a)(12) of title 31, United

16 States Code, is amended—

17 (A) by striking ‘‘the fiscal year’’ in sub18 paragraph (A) and inserting ‘‘each fiscal year

19 in the biennium’’; and

20 (B) by striking ‘‘4 fiscal years after that

21 year’’ in subparagraph (B) and inserting ‘‘3 fis22 cal years immediately following the second fiscal

23 year in such biennium’’.

24 (6) Section 1105(a)(13) of title 31, United

25 States Code, is amended by striking ‘‘the fiscal
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1 year’’ and inserting ‘‘each fiscal year in the

2 biennium’’.

3 (7) Section 1105(a)(14) of title 31, United

4 States Code, is amended by striking ‘‘that year’’ and

5 inserting ‘‘each fiscal year in the biennium for which

6 the budget is submitted’’.

7 (8) Section 1105(a)(16) of title 31, United

8 States Code, is amended by striking ‘‘the fiscal

9 year’’ and inserting ‘‘each fiscal year in the

10 biennium’’.

11 (9) Section 1105(a)(17) of title 31, United

12 States Code, is amended—

13 (A) by striking ‘‘the fiscal year following

14 the fiscal year’’ and inserting ‘‘each fiscal year

15 in the biennium following the biennium’’;

16 (B) by striking ‘‘that following fiscal year’’

17 and inserting ‘‘each such fiscal year’’; and

18 (C) by striking ‘‘fiscal year before the fis19 cal year’’ and inserting ‘‘biennium before the bi20 ennium’’.

21 (10) Section 1105(a)(18) of title 31, United

22 States Code, is amended—

23 (A) by striking ‘‘the prior fiscal year’’ and

24 inserting ‘‘each of the 2 most recently com25 pleted fiscal years’’;
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1 (B) by striking ‘‘for that year’’ and insert2 ing ‘‘with respect to that fiscal year’’; and

3 (C) by striking ‘‘in that year’’ and insert4 ing ‘‘in that fiscal year’’.

5 (11) Section 1105(a)(19) of title 31, United

6 States Code, is amended—

7 (A) by striking ‘‘the prior fiscal year’’ and

8 inserting ‘‘each of the 2 most recently com9 pleted fiscal years’’;

10 (B) by striking ‘‘for that year’’ and insert11 ing ‘‘with respect to that fiscal year’’; and

12 (C) by striking ‘‘in that year’’ each place

13 it appears and inserting ‘‘in that fiscal year’’.

14 (c) ESTIMATED EXPENDITURES OF LEGISLATIVE

15 AND JUDICIAL BRANCHES.—Section 1105(b) of title 31,

16 United States Code, is amended by striking ‘‘each year’’

17 and inserting ‘‘each even-numbered year’’.

18 (d) RECOMMENDATIONS TO MEET ESTIMATED DE19 FICIENCIES.—Section 1105(c) of title 31, United States

20 Code, is amended—

21 (1) by striking ‘‘fiscal year for’’ each place it

22 appears and inserting ‘‘biennium for’’;

23 (2) by inserting ‘‘or current biennium, as the

24 case may be,’’ after ‘‘current fiscal year’’; and
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1 (3) by striking ‘‘that year’’ and inserting ‘‘that

2 period’’.

3 (e) STATEMENT WITH RESPECT TO CERTAIN

4 CHANGES.—Section 1105(d) of title 31, United States

5 Code, is amended by striking ‘‘fiscal year’’ and inserting

6 ‘‘biennium’’.

7 (f) CAPITAL INVESTMENT ANALYSIS.—Section

8 1105(e) of title 31, United States Code, is amended by

9 striking ‘‘ensuing fiscal year’’ and inserting ‘‘biennium to

10 which such budget relates’’.

11 (g) SUPPLEMENTAL BUDGET ESTIMATES AND

12 CHANGES.—

13 (1) Section 1106(a) of title 31, United States

14 Code, is amended—

15 (A) in the matter preceding paragraph (1)

16 by striking ‘‘fiscal year’’ and inserting ‘‘bien17 nium’’;

18 (B) in paragraph (1) by striking ‘‘that fis19 cal year’’ and inserting ‘‘each fiscal year in

20 such biennium’’;

21 (C) in paragraph (2) by striking ‘‘4 fiscal

22 years following the fiscal year’’ and inserting ‘‘3

23 fiscal years following the biennium’’; and

24 (D) by striking ‘‘fiscal year’’ in paragraph

25 (3) and inserting ‘‘biennium’’.
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1 (2) Section 1106(b) of title 31, United States

2 Code, is amended by striking ‘‘the fiscal year’’ and

3 inserting ‘‘each fiscal year in the biennium’’.

4 (h) CURRENT PROGRAMS AND ACTIVITIES ESTI5 MATES.—

6 (1) Section 1109(a) of title 31, United States

7 Code, is amended—

8 (A) by striking ‘‘On or before the first

9 Monday after January 3 of each year (on or be10 fore February 5 in 1986)’’ and inserting ‘‘At

11 the same time the budget required by section

12 1105 is submitted for a biennium’’; and

13 (B) by striking ‘‘the following fiscal year’’

14 and inserting ‘‘each fiscal year of such period’’.

15 (2) Section 1109(b) of title 31, United States

16 Code, is amended by striking ‘‘before March 1 of

17 each year’’ and inserting ‘‘within 6 weeks of the

18 President’s budget submission for each odd-num19 bered year (or, if applicable, as provided by section

20 300(b) of the Congressional Budget Act of 1974)’’.

21 (i) YEAR-AHEAD REQUESTS FOR AUTHORIZING LEG22 ISLATION.—Section 1110 of title 31, United States Code,

23 is amended—
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1 (1) by striking ‘‘fiscal year’’ and inserting ‘‘bi2 ennium (beginning on or after October 1, 1995)’’;

3 and

4 (2) by striking ‘‘year before the year in which

5 the fiscal year begins’’ and inserting ‘‘second cal6 endar year preceding the calendar year in which the

7 biennium begins’’.

8 (j) BUDGET INFORMATION ON CONSULTING SERV9 ICES.—Section 1114 of title 31, United States Code, is

10 amended—

11 (1) by striking ‘‘The’’ each place it appears and

12 inserting ‘‘For each biennium beginning with the bi13 ennium beginning on October 1, 1994, the’’; and

14 (2) by striking ‘‘each year’’ each place it

15 appears.

16 SEC. 304. TWO-YEAR APPROPRIATIONS; TITLE AND STYLE

17 OF APPROPRIATIONS ACTS.

18 (a) TWO-YEAR APPROPRIATIONS.—Section 105 of

19 title 1, United States Code, is amended to read as follows:

20 ‘‘§ 105. Title and style of appropriations Acts

21 ‘‘(a) The style and title of all Acts making appropria22 tions for the support of the Government shall be as fol23 lows: ‘An Act making appropriations (here insert the ob24 ject) for the biennium ending September 30 (here insert

25 the odd-numbered calendar year).’.
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1 ‘‘(b) All Acts making regular appropriations for the

2 support of the Government shall be enacted for a biennium

3 and shall specify the amount of appropriations provided

4 for each fiscal year in such period.

5 ‘‘(c) For purposes of this section, the term ‘biennium’

6 has the same meaning as in section 3(11) of the Congres7 sional Budget and Impoundment Control Act of 1974 (2

8 U.S.C. 622(11)).’’.

9 (b) CONFORMING CHANGE.—The chapter analysis of

10 chapter 2 of title 1, United States Code, is amended by

11 inserting ‘‘and style’’ after ‘‘Title’’ in the item relating to

12 section 105.

13 SEC. 305. CONFORMING AMENDMENTS TO RULES OF

14 HOUSE OF REPRESENTATIVES.

15 (a) Clause 4(a)(1)(A) of rule X of the Rules of the

16 House of Representatives is amended by inserting ‘‘odd17 numbered’’ after ‘‘each’’.

18 (b) Clause 4(a)(2) of rule X of the Rules of the House

19 of Representatives is amended by striking ‘‘such fiscal

20 year’’ and inserting ‘‘the biennium in which such fiscal

21 year begins’’.

22 (c)(1) Clause 4(b)(2) of rule X of the Rules of the

23 House of Representatives is amended by striking ‘‘concur24 rent resolutions on the budget for each fiscal year’’ and

25 inserting ‘‘concurrent resolution on the budget required
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1 under section 301(a) of the Congressional Budget Act of

2 1974 for each biennium’’.

3 (2) Clause 4(b) of rule X of the Rules of the House

4 of Representatives is amended by striking ‘‘and’’ at the

5 end of subparagraph (4), by striking the period and insert6 ing ‘‘; and’’ at the end of subparagraph (5), and by adding

7 at the end the following new subparagraph:

8 ‘‘(6) to use the second year of each biennium to

9 study issues with long-term budgetary and economic

10 implications, which would include—

11 ‘‘(A) holding hearings to receive testimony

12 from committees of jurisdiction to identify prob13 lem areas and to report on the results of over14 sight; and

15 ‘‘(B) by January 1 of each odd-numbered

16 year, issuing a report to the Speaker which

17 identifies the key issues facing the Congress in

18 the next biennium.’’.

19 (d) Clause 4(f) of rule X of the Rules of the House

20 of Representatives is amended by striking ‘‘annually’’ each

21 place it appears and inserting ‘‘biennially’’.

22 (e) Clause 4(g) of rule X of the Rules of the House

23 of Representatives is amended—

24 (1) by striking ‘‘February 25 of each year’’ and

25 inserting ‘‘March 15 of each odd-numbered year (or,
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1 if applicable, as provided by section 300(b) of the

2 Congressional Budget Act of 1974)’’;

3 (2) by striking ‘‘fiscal year’’ the first place it

4 appears and inserting ‘‘biennium’’; and

5 (3) by striking ‘‘that fiscal year’’ and inserting

6 ‘‘each fiscal year in such ensuing biennium’’.

7 (f) Clause 4(h) of rule X of the Rules of the House

8 of Representatives is amended by striking ‘‘fiscal year’’

9 and inserting ‘‘biennium’’.

10 (g) Subdivision (C) of clause 2(l)(1) of rule XI of the

11 Rules of the House of Representatives is repealed.

12 (h) Clause 4(a) of rule XI of the Rules of the House

13 of Representatives is amended by striking ‘‘fiscal year if

14 reported after September 15 preceding the beginning of

15 such fiscal year’’ and inserting ‘‘biennium if reported after

16 August 1 of the year in which such biennium begins’’.

17 SEC. 306. MULTIYEAR AUTHORIZATIONS.

18 (a) IN GENERAL.—Title III of the Congressional

19 Budget Act of 1974 is amended by adding at the end the

20 following new section:

21 ‘‘AUTHORIZATIONS OF APPROPRIATIONS

22 ‘‘SEC. 314. (a) It shall not be in order in the House

23 of Representatives or the Senate to consider any bill, joint

24 resolution, amendment, or conference report that author25 izes appropriations for a period of less than 2 fiscal years,
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1 unless the program, project, or activity for which the

2 funds are to be spent is of less than 2 years duration.

3 ‘‘(b) It shall not be in order in the House of Rep4 resentatives or the Senate to consider any bill, joint resolu5 tion, amendment, or conference report that—

6 ‘‘(1) appropriates an amount for a program,

7 project, or activity not authorized by existing law in

8 excess of the amount previously appropriated for

9 such program, project, or activity; or

10 ‘‘(2) appropriates an amount for a program,

11 project, or activity not authorized by law within the

12 2-year period prior to the date of the appropriation.

13 ‘‘(c) By January 2 of each odd-numbered year, each

14 standing committee of the House of Representatives and

15 the Senate shall file a report with its House outlining its

16 oversight activities during the Congress. Each report shall

17 consider the appropriateness of agency missions, the suc18 cess of programs in meeting their goals, and issues to con19 sider when reauthorizing these programs.’’.

20 (b) CONFORMING AMENDMENT.—The table of con21 tents set forth in section 1(b) of the Congressional Budget

22 and Impoundment Control Act of 1974 is amended by

23 adding after the item relating to section 313 the following

24 new item:

‘‘Sec. 314. Authorizations of appropriations.’’.
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1 CHAPTER 2—ADDITIONAL

2 BUDGET PROCESS CHANGES

3 SEC. 321. CBO REPORTS TO BUDGET COMMITTEES.

4 Section 308 of the Congressional Budget Act of 1974

5 is amended by—

6 (1) redesignating subsection (c) as subsection

7 (d); and

8 (2) inserting after subsection (b) the following:

9 ‘‘(c) QUARTERLY BUDGET REPORTS.—The Congres10 sional Budget Office shall, as soon as practicable after the

11 completion of each quarter of the fiscal year, prepare an

12 analysis comparing revenues, spending, and the deficit for

13 the current fiscal year to assumptions included in the Con14 gressional budget resolution. In preparing this report, the

15 Congressional Budget Office shall combine actual budget

16 figures to date with projected revenue and spending for

17 the balance of the fiscal year. The Congressional Budget

18 Office shall include any other information in this report

19 that it deems useful for a full understanding of the current

20 fiscal position of the Federal Government. The reports

21 mandated by this subsection shall be transmitted by the

22 Director to the Senate and House Committees on the

23 Budget, and the Congressional Budget Office shall make

24 such reports available to any interested party upon

25 request.’’.
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1 SEC. 322. GNP BUDGET ANALYSIS; FISCAL AND BUDGET

2 POLICY REPORTS.

3 (a) GNP BUDGET ANALYSIS.—Section 3(a) of the

4 Employment Act of 1946 (15 U.S.C. 1022(a)) is amended

5 by striking ‘‘and’’ at the end of paragraph (3), by striking

6 the period and inserting ‘‘; and’’ at the end of paragraph

7 (4), and by adding at the end the following new para8 graph:

9 ‘‘(5) a GNP budget analysis comprising—

10 ‘‘(A) a statement of broad policy objectives

11 for the performance of the economy and the al12 location of national output among broad major

13 categories of spending over the next 10 fiscal

14 years; and

15 ‘‘(B) a GNP analysis showing how the cur16 rent national output is allocated among dif17 ferent major categories and how that allocation

18 will be affected in 1 year, 5 years, and 10 years

19 under the policies the President recommends in

20 pursuit of the statement of objectives.’’.

21 (b) FISCAL POLICY REPORTS.—Not later than 7 days

22 after the President’s submission under section 3(a) of the

23 Employment Act of 1946, the President shall transmit to

24 the Congress written reports setting forth—
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1 (1) the President’s long-term budget and fiscal

2 policy goals as set forth in the most recent analysis

3 under section 3(a) of the Employment Act of 1946;

4 (2) other material including a 10-year projec5 tion of Federal revenues by source, outlays by func6 tion, and the Federal budget deficit; international

7 comparisons that would help Congress compare

8 United States taxes, spending, deficits, debt, and al9 location of national output to that of other coun10 tries, especially our international competitors; and

11 program performance indicators to allow Congress to

12 assess the effectiveness of Federal programs in

13 meeting stated objectives.

14 (c) COMMITTEE REVIEW.—Section 301(a) of the Full

15 Employment and Balanced Growth Act of 1978 (15

16 U.S.C. 3131(a)) is amended by inserting after ‘‘System,’’

17 the following: ‘‘the fiscal and budget policy reports re18 quired under section 322 of the Legislative Reorganization

19 Act of 1993,’’.

20 SEC. 323. GOVERNMENT-WIDE REVIEW.

21 (a) The Director of the Congressional Budget Office

22 shall, within 90 days of the enactment of this Act, conduct

23 a review of all Government user fees. This report will set

24 forth the current level of such fees, the dates at which

25 the current fees were established, and any alteration in
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1 such fees required to adjust their levels as a result of

2 changes in consumer price levels since the most recent ad3 justment. The Director shall transmit such findings to the

4 Congress and to the President.

5 (b) It shall not be in order in the House of Represent6 atives or the Senate to consider any concurrent resolution

7 on the budget for the fiscal year beginning the following

8 October 1 after the date of enactment of this Act until

9 the report described in subsection (a) has been received

10 by each House of Congress, and referred to the appro11 priate committees.

12 SEC. 324. CONTENT OF BUDGET RESOLUTIONS.

13 Section 301(a) of the Congressional Budget Act of

14 1974 is amended by redesignating paragraphs (3) through

15 (7) as paragraphs (4) through (8), respectively, and by

16 inserting after paragraph (2) the following new paragraph:

17 ‘‘(3) total revenue losses attributable to provi18 sions of Federal tax laws which allow a special exclu19 sion, exemption, or deduction from gross income or

20 which provide a special credit, a preferential rate of

21 tax, or a deferral of tax liability and the aggregate

22 amount by which such total shall be increased or

23 decreased;’’.
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1 CHAPTER 3—EFFECTIVE DATE

2 SEC. 331. EFFECTIVE DATE; APPLICATION.

3 (a) IN GENERAL.—Except as provided in subsection

4 (b), chapter 1 of this subtitle and the amendments made

5 by it shall become effective January 1, 1995, and shall

6 apply to bienniums beginning after September 30, 1995.

7 (b) FISCAL YEAR 1995.—Notwithstanding subsection

8 (a), the provisions of—

9 (1) the Congressional Budget Act of 1974, and

10 (2) title 31, United States Code,

11 (as such provisions were in effect on the day before the

12 effective date of chapter 1 of this subtitle) shall apply to

13 the fiscal year beginning on October 1, 1994.

14 (c) DEFINITION.—For purposes of this section, the

15 term ‘‘biennium’’ shall have the meaning given to such

16 term in paragraph (11) of section 3 of the Congressional

17 Budget and Impoundment Control Act of 1974 (2 U.S.C.

18 622(11)), as added by section 302(b)(2) of this Act.

19 Subtitle B—Staffing and

20 Instrumentalities

21 SEC. 341. LEGISLATIVE BRANCH STREAMLINING AND RE22 STRUCTURING.

23 (a) EFFICIENCIES, SAVINGS, AND STAFF REDUC24 TIONS.—Not later than the beginning of the second ses25 sion of the One Hundred Fourth Congress, the task force
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1 of the House of Representatives under subsection (c) and

2 the appropriate committees of the Senate shall submit to

3 the leadership of the House of Representatives and the

4 leadership of the Senate, respectively, recommendations

5 for achieving—

6 (1) economic efficiencies and cost savings in the

7 administrative operations of the legislative branch;

8 and

9 (2) reductions, from the level as of September

10 30, 1992, in the total number of employee positions

11 (on a full-time equivalent basis) in the legislative

12 branch, consistent with the reductions for the execu13 tive branch implemented pursuant to the Report of

14 the National Performance Review, as submitted by

15 the Vice President on September 7, 1993.

16 (b) APPROVAL AND IMPLEMENTATION.—The rec17 ommendations approved by the appropriate leadership

18 shall be implemented in the regular appropriation bill for

19 the legislative branch for fiscal year 1997, as reported by

20 the Committee on Appropriations of the House of Rep21 resentatives or the Committee on Appropriations of the

22 Senate, as applicable.

23 (c) HOUSE OF REPRESENTATIVES TASK FORCE.—

24 The Speaker of the House of Representatives shall appoint

25 a task force for purposes of subsection (a). The task force
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1 shall consist of 12 Members of the House of Representa2 tives, as follows:

3 (1) 3 members of the Committee on House Ad4 ministration, appointed by the Speaker in consulta5 tion with the majority leader;

6 (2) 2 members of the Committee on House Ad7 ministration, appointed by the Speaker in consulta8 tion with the minority leader;

9 (3) 3 members of the Committee on Appropria10 tions, appointed by the Speaker in consultation with

11 the majority leader;

12 (4) 2 members of the Committee on Appropria13 tions, appointed by the Speaker in consultation with

14 the minority leader;

15 (5) one additional Member of the House of

16 Representatives, appointed by the Speaker in con17 sultation with the majority leader; and

18 (6) one additional Member of the House of

19 Representatives, appointed by the Speaker in con20 sultation with the minority leader.

21 The expenses and staff of the task force shall be provided

22 from existing resources of the Committee on House Ad23 ministration and the Committee on Appropriations.

24 (d) DEFINITION.—As used in this section, the term

25 ‘‘leadership’’ means—
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1 (1) with respect to the House of Representa2 tives, the Speaker, the majority leader, and the mi3 nority leader; and

4 (2) with respect to the Senate, the President

5 pro tempore, the majority leader, and the minority

6 leader.

7 SEC. 342. AUTHORIZATION AND FUNDING OF CERTAIN CON8 GRESSIONAL INSTRUMENTALITIES.

9 (a) IN GENERAL.—It is the intent of Congress that

10 the General Accounting Office, Congressional Budget Of11 fice, Congressional Research Service of the Library of

12 Congress, Government Printing Office, and Office of

13 Technology Assessment shall be authorized for 8 fiscal

14 years in accordance with this section.

15 (b) CYCLE.—The instrumentalities listed in sub16 section (a) shall be authorized by the enactment every

17 eighth year beginning for fiscal year 1997 of an Act to

18 authorize appropriations for those offices for the next 8

19 fiscal years.

20 (c) REPEALERS.—

21 (1) GENERAL ACCOUNTING OFFICE.—Section

22 736 of title 31, United States Code, is repealed.

23 (2) CONGRESSIONAL BUDGET OFFICE.—Section

24 201(f) of the Congressional Budget Act of 1974 (2

25 U.S.C. 601(f)) is repealed.
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1 (3) CONGRESSIONAL RESEARCH SERVICE.—Any

2 authorization of appropriations for the Congressional

3 Research Service of the Library of Congress in effect

4 on the effective date of this paragraph is repealed.

5 (4) GOVERNMENT PRINTING OFFICE.—Any au6 thorization of appropriations for the Government

7 Printing Office in effect on the effective date of this

8 paragraph is repealed.

9 (5) OFFICE OF TECHNOLOGY ASSESSMENT.—

10 Section 12 of the Technology Assessment Act of

11 1972 (2 U.S.C. 481) is repealed.

12 (6) EFFECTIVE DATE.—This subsection shall

13 take effect with respect to fiscal years beginning

14 with fiscal year 1997.

15 SEC. 343. COORDINATION OF LEGISLATIVE BRANCH SERV16 ICES.

17 (a) IN GENERAL.—Not later than the end of the first

18 session of the 104th Congress, the appropriate committees

19 of the House and the appropriate committees of the Sen20 ate are to study and report to their leadership rec21 ommendations providing for better coordination of the leg22 islative branch services, positions, and entities specified in

23 subsection (b). The study should consider the need for the

24 creation of a bicameral management board to provide such

25 coordination.
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1 (b) SERVICES, POSITIONS, AND ENTITIES.—The

2 services, positions, and entities referred to in subsection

3 (a) are (1) printing, (2) recording, (3) photography, (4)

4 guide service, (5) folding and packaging, (6) chaplain, (7)

5 flag office, (8) parking permits, (9) security, (10) Con6 gressional Budget Office, (11) disbursements and receipts,

7 (12) legal services, (13) Architect of the Capitol, (14)

8 maintenance of grounds and buildings, (15) library, (16)

9 drafting services, (17) research, and (18) computer

10 services.

11 SEC. 344. COMPETITIVE BIDDING FOR LEGISLATIVE

12 BRANCH SERVICES AND FACILITIES.

13 (a) IN GENERAL.—Not later than the end of the first

14 session of the 104th Congress, the appropriate committees

15 of the House and the appropriate committees of the Sen16 ate are to study and report on the feasibility of providing

17 for competitive bidding for the right to operate the legisla18 tive branch facilities and provide the legislative branch

19 services specified in subsection (b). The study is to con20 sider whether the periodic reauthorization of such facilities

21 and services is necessary and the appropriate duration for

22 such reauthorizations.

23 (b) FACILITIES AND SERVICES.—The facilities and

24 services referred to in subsection (a) are (1) barber and
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1 beauty shops, (2) gymnasium, (3) health and medical, (4)

2 restaurants, (5) automobile services, and (6) child care.

3 Subtitle C—Application of Federal

4 Laws

5 SEC. 351. DEFINITIONS.

6 As used in this subtitle:

7 (1) CONGRESSIONAL EMPLOYEE.—The term

8 ‘‘congressional employee’’ means—

9 (A) an employee of the House of Rep10 resentatives;

11 (B) an employee of the Senate; and

12 (C) an employee of the Architect of the

13 Capitol.

14 (2) EMPLOYEE OF THE HOUSE OF REPRESENT15 ATIVES.—The term ‘‘employee of the House of Rep16 resentatives’’ means—

17 (A) an individual who was eligible to file a

18 formal complaint with the Office of Fair Em19 ployment Practice of the House of Representa20 tives under clause 6 of rule LI of the House of

21 Representatives, as in effect on the day before

22 the date of enactment of this subtitle.

23 (B) any applicant for a position that will

24 last 90 days or more and that is to be occupied
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1 by an individual described in subparagraph (A);

2 or

3 (C) any individual who was formerly an

4 employee described in subparagraph (A) and

5 whose claim of a violation arises out of the indi6 vidual’s House of Representatives employment.

7 (3) EMPLOYEE OF THE SENATE.—The term

8 ‘‘employee of the Senate’’ means—

9 (A) any employee whose pay is disbursed

10 by the Secretary of the Senate;

11 (B) any applicant for a position that will

12 last 90 days or more and that is to be occupied

13 by an individual described in subparagraph

14 (A)); or

15 (C) any individual who was formerly an

16 employee described in subparagraph (A) and

17 whose claim of a violation arises out of the indi18 vidual’s Senate employment.

19 (4) EMPLOYEE OF THE ARCHITECT OF THE

20 CAPITOL.—The term ‘‘employee of the Architect of

21 the Capitol’’ means—

22 (A) an employee of the Architect of the

23 Capitol or an individual within the administra24 tive jurisdiction of the Architect of the Capitol

25 if such employee or individual is paid from
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1 funds under a law providing appropriations for

2 the legislative branch;

3 (B) any applicant for a position that will

4 last 90 days or more and that is to be occupied

5 by an employee or individual described in sub6 paragraph (A); or

7 (C) any individual who was formerly an

8 employee or individual described in subpara9 graph (A) and whose claim of a violation arises

10 out of the individual’s Architect of the Capitol

11 employment.

12 SEC. 352. APPLICATION OF LAWS.

13 (a) LAWS WHICH WILL APPLY.—Within 90 days

14 after the date final regulations under section 354(b)(1)

15 to implement the results of the study under section

16 354(a)(1)(A) take effect, the following laws shall apply to

17 a congressional employee:

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

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

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

21 (42 U.S.C. 2000e et seq.).

22 (3) Sections 102 through 104 of the Americans

23 With Disabilities Act of 1990 (42 U.S.C. 12112–

24 12114).
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1 (4) Section 15 of the Age Discrimination in

2 Employment Act of 1967 (29 U.S.C. 633a).

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

4 (29 U.S.C. 2611 et seq.).

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

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

7 to—

8 (1) the terms and conditions of employment (in9 cluding hiring, promotion or demotion, salary and

10 wages, overtime compensation, benefits, work assign11 ments or reassignments, termination, and family and

12 medical leave) of employees

13 (2) protection from discrimination in personnel

14 actions, including discrimination based on—

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

16 marital and parental status), or national origin

17 within the meaning of section 717 of the Civil

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

19 (B) age within the meaning of section 13

20 of the Age Discrimination in Employment Act

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

22 (C) handicap or disability within the mean23 ing of section 501 of the Rehabilitation Act of

24 1973 (29 U.S.C. 791) and sections 102 through
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1 104 of the Americans with Disabilities Act of

2 1990 (42 U.S.C. 12112–14), and

3 (3) the health and safety of employees, or

4 apply a congressional employee in accordance with section

5 354.

6 SEC. 353. OFFICE OF COMPLIANCE.

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

8 legislative branch an Office of Compliance (hereinafter in

9 this subtitle referred to as the ‘‘Office’’).

10 (b) COMPOSITION.—

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

12 have a Board of Directors. The Board of Directors

13 shall consist of 8 individuals appointed jointly by the

14 Speaker of the House of Representatives, the Major15 ity Leader of the Senate, and the Minority Leaders

16 of the House of Representatives and the Senate. Ap17 pointments to the Board of Directors shall be com18 pleted not later than 120 days after the date of the

19 enactment of this subtitle.

20 (2) DIRECTOR.—The Office shall have a Direc21 tor who shall be appointed jointly by the Speaker of

22 the House of Representatives, the Majority Leader

23 of the Senate, and the Minority Leaders of the

24 House of Representatives and the Senate.

25 (c) BOARD OF DIRECTORS QUALIFICATIONS.—
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1 (1) IN GENERAL.—The members of the Board

2 of Directors shall be individuals with training or ex3 pertise in—

4 (A) the application of the laws referred to

5 in section 352 to employment, and

6 (B) employment in the Congress.

7 (2) SPECIFIC QUALIFICATIONS.—

8 (A) LOBBYING.—No individual who en9 gages in, or is otherwise employed in, lobbying

10 of the Congress and who is required under the

11 Federal Regulation of Lobbying Act to register

12 with the Clerk of the House of Representatives

13 or the Secretary of the Senate shall be consid14 ered eligible for appointment to, or service on,

15 the Board of Directors.

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

17 Directors appointed under subsection (b)(1)

18 may hold or may have held the position of

19 Member of the House of Representatives, Sen20 ator, or employee of the House of Representa21 tives or the Senate.

22 (3) HOLDING OFFICE.—If during a term of of23 fice a member of the Board of Directors engages in

24 an activity described in paragraph (2)(A), such posi-
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1 tion shall be declared vacant and a successor shall

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

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

4 Directors shall be filled in the manner in which the

5 original appointment was made.

6 (d) AUTHORITY.—

7 (1) BOARD OF DIRECTORS.—The Board of Di8 rectors appointed under subsection (b)(1) shall have

9 an advisory authority with respect to the implemen10 tation of this subtitle.

11 (2) DIRECTOR.—The Director appointed under

12 subsection (b)(2) shall have authority to carry out

13 the functions described in subsections (a), (b), (c),

14 and (d) of section 354 and in section 355 and shall

15 carry out the functions described in sections 356

16 through 363.

17 (e) BOARD OF DIRECTORS TERM OF OFFICE.—

18 (1) IN GENERAL.—Except as provided in para19 graph (2), membership on the Board of Directors

20 shall be for 5 years. A member shall only be ap21 pointed for one term of office.

22 (2) FIRST APPOINTMENTS.—Of the members

23 first appointed to the Board of Directors—

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

25 years,
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1 (B) 2 shall have a term of office of 3

2 years,

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

4 years, and

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

6 years,

7 as designated at the time of appointment by the per8 sons specified in subsection (b)(1).

9 (f) CHAIRPERSON.—The Chairperson of the Board of

10 Directors shall be appointed from the members of the

11 Board of Directors by the members of the Board and shall

12 have responsibility for convening periodic meetings of the

13 Board.

14 (g) BASIC PAY.—Members of the Board of Directors

15 shall serve without pay.

16 (h) OFFICE STAFF.—The Director may appoint and

17 fix the compensation of such staff, including hearing offi18 cers, as are necessary to carry out this subtitle.

19 (i) DETAILEES.—The Director may, with the prior

20 consent of the Government department or agency con21 cerned, use the services of any such department or agency,

22 including the services of members or personnel of the Gen23 eral Accounting Office Personnel Appeals Board.

24 (j) CONSULTANTS.—In carrying out this subtitle, the

25 Director may procure the temporary (not to exceed 1 year)
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1 or intermittent services of individual consultants or orga2 nizations thereof.

3 SEC. 354. STUDY AND REGULATIONS.

4 (a) INITIAL ACTION.—

5 (1) STUDY FOR CONGRESSIONAL EMPLOYEES.—

6 The Board of Directors shall conduct a study—

7 (A) of the manner in which the laws made

8 applicable to congressional employees under sec9 tion 352(a) should apply, and

10 (B) to determine which of the laws re11 ferred to in section 352(b) should apply to Con12 gress and if it should, the manner in which it

13 should be made applicable.

14 The Board of Directors shall complete such study

15 and report the results to Congress not later than

16 180 days after the date of the enactment of this

17 subtitle.

18 (2) STUDY FOR EMPLOYEES OF INSTRUMEN19 TALITIES.—

20 (A) STUDY.—The Director shall conduct a

21 study of the application to employees of instru22 mentalities of the provisions of Federal law re23 ferred to in section 352. The Director shall

24 complete such study and submit to Congress a

25 report containing the results of the study not
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1 later than 180 days after the date the Board

2 submits a report of the study under paragraph

3 (1).

4 (B) REGULATIONS.—If, as the result of

5 the study under subparagraph (A), the Board

6 determines that employees of instrumentalities

7 should be covered by the one or more of the

8 laws referred to in the study, the Board may

9 issue regulations for such coverage in accord10 ance with subsection (b).

11 (C) DEFINITION.—The term ‘‘employee of

12 an instrumentality’’ means—

13 (i) any employee of the General Ac14 counting Office, the Government Printing

15 Office, the Library of Congress, the Office

16 of Technology Assessment, or any other

17 unit of the legislative branch of the Fed18 eral Government (other than an employee

19 referred to in paragraph (1) of section

20 351);

21 (ii) any applicant for a position that

22 will last 90 days or more and that is to be

23 occupied by an individual described in

24 clause (i); or
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1 (iii) any individual who was formerly

2 an employee described in clause (i) and

3 whose claim of a violation arises out of the

4 employment of the individual by an instru5 mentality described in clause (i).

6 (b) REGULATIONS.—

7 (1) LAWS MADE APPLICABLE.—Not later than

8 180 days after the date of the completion of the

9 study under subsection (a)(1)(A), the Director shall

10 propose regulations prescribing the manner in which

11 laws made applicable to congressional employees

12 under section 352(a) shall apply to such employees.

13 (2) OTHER LAWS.—Not later than 180 days

14 after the date of the completion of the study under

15 subsection (a)(1)(B), the Director shall propose reg16 ulations that specify which of the provisions of Fed17 eral law considered in such study shall apply to Con18 gressional employees.

19 (3) REGULATION REQUIREMENTS.—Regulations

20 under paragraphs (1) and (2)—

21 (A) shall be consistent with the provision

22 of law made applicable to Congress, including

23 remedies, except as may otherwise be specifi24 cally provided;
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1 (B) shall take into account the costs asso2 ciated with the application of such provisions to

3 Congressional employees; and

4 (C) may specify specific dates for the ap5 plication of specific provisions and may specify

6 specific means for the application of such provi7 sions.

8 (c) CONTINUING ACTION.—On an ongoing basis the

9 Director—

10 (1) shall study the application to Congressional

11 employees of provisions of Federal law referred to in

12 section 352 that are enacted after the date of the

13 enactment of this subtitle; and

14 (2) may propose regulations with respect to

15 such provisions in accordance with subsection (b).

16 (d) AMENDMENTS AND REPEALS.—The Director

17 shall recommend changes in or repeals of existing law to

18 accommodate the application of such law to Congressional

19 employees.

20 (e) CONGRESSIONAL APPROVAL.—

21 (1) IN GENERAL.—Regulations of the Office

22 shall not go in effect unless approved by the Con23 gress under this subsection.

24 (2) RULEMAKING.—The provisions of this sub25 section are enacted by the Congress—
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1 (A) as an exercise of the rulemaking power

2 of the House of Representatives, and as such

3 they are deemed a part of the rules of the

4 House, but applicable only with respect to the

5 procedure to be followed in the House in the

6 case of concurrent resolutions of regulation ap7 proval, and such provisions supersede other

8 rules of the House only to the extent that they

9 are inconsistent with such other rules; and

10 (B) with full recognition of the constitu11 tional right of the House to change the rules

12 (so far as relating to the procedure of the

13 House) at any time, in the same manner and

14 to the same extent as in the case of any other

15 rule of the House.

16 (3) REFERRAL.—

17 (A) HOUSE OF REPRESENTATIVES.—Con18 current resolutions relating to approval of regu19 lations proposed under subsection (b) (referred

20 to in this section as a ‘‘concurrent resolution of

21 regulation approval’’) shall, upon introduction

22 in the House of Representatives, be immediately

23 referred by the Speaker of the House to the ap24 propriate committee or committees of the

25 House. Any such concurrent resolution received
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1 from the Senate shall be held at the Speaker’s

2 table.

3 (B) SENATE.—Concurrent resolutions of

4 regulation approval shall, upon introduction in

5 the Senate, be immediately referred by the Pre6 siding Officer of the Senate to the appropriate

7 committee or committees of the Senate. Any

8 such concurrent resolution received from the

9 House of Representatives shall be held at the

10 desk.

11 (4) COMMITTEE CONSIDERATION.—

12 (A) HOUSE OF REPRESENTATIVES.—Upon

13 the expiration of 90 days of continuous session

14 after the introduction of the first concurrent

15 resolution of regulation approval with respect to

16 any regulation, each committee of the House of

17 Representatives to which such concurrent reso18 lution was referred shall be discharged from

19 further consideration of such concurrent resolu20 tion, and such concurrent resolution shall be re21 ferred to the appropriate calendar, unless such

22 concurrent resolution or an identical resolution

23 was previously reported, with or without amend24 ments, by each committee to which the concur25 rent resolution was referred. The 90-day period
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1 may be extended by the Speaker, in consulta2 tion with the Minority Leader, for such period

3 as the Speaker considers appropriate.

4 (B) SENATE.—Upon the expiration of 90

5 days of continuous session after the introduc6 tion of the first concurrent resolution of regula7 tion approval with respect to any regulation,

8 each committee of the Senate to which such

9 concurrent resolution was referred shall be dis10 charged from further consideration of such con11 current resolution, and such concurrent resolu12 tion shall be placed on the calendar, unless such

13 concurrent resolution or an identical resolution

14 was previously reported, with or without amend15 ments, by each committee to which the concur16 rent resolution was referred. The 90-day period

17 may be extended by the Majority Leader, in

18 consultation with the Minority Leader, for such

19 period as the Majority Leader considers appro20 priate.

21 (5) CONSIDERATION.—

22 (A) HOUSE OF REPRESENTATIVES.—It

23 shall be in order for the Speaker to recognize

24 a Member of the House of Representatives fa25 voring a concurrent resolution of regulation ap-
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1 proval to call up the concurrent resolution after

2 it has been on the appropriate calendar for 5

3 legislative days. When any such concurrent res4 olution is called up, the House shall proceed to

5 its immediate consideration and the Speaker

6 shall recognize the Member calling up such con7 current resolution and a Member opposed to

8 such concurrent resolution for 1 hour of debate

9 in the House, to be equally divided and con10 trolled by such Members. When such time has

11 expired, the previous question shall be consid12 ered as ordered on the concurrent resolution to

13 adoption without intervening motion. It shall

14 not be in order to move to reconsider the vote

15 by which such resolution is agreed to or dis16 agreed to.

17 (B) SENATE.—It shall be in order for the

18 Presiding Officer to recognize a Senator favor19 ing a concurrent resolution of regulation ap20 proval to call up the concurrent resolution after

21 it has been on the calendar for 5 legislative

22 days. When any such concurrent resolution is

23 called up, the Senate shall proceed to its imme24 diate consideration and the Presiding Officer

25 shall recognize the Senator calling up such con-
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1 current resolution and a Senator opposed to

2 such concurrent resolution for 1 hour of debate

3 in the Senate, to be equally divided and con4 trolled by such Senators. When such time has

5 expired, the Senate shall proceed without any

6 intervening action to vote on the concurrent

7 resolution. It shall not be in order to move to

8 reconsider the vote by which such resolution is

9 agreed to or disagreed to.

10 (6) CONCURRENT RESOLUTION FROM ANOTHER

11 HOUSE.—

12 (A) HOUSE OF REPRESENTATIVES.—If the

13 House receives from the Senate a concurrent

14 resolution of regulation approval with respect to

15 any regulation, the following procedures shall

16 apply:

17 (i) REFERRAL.—The concurrent reso18 lution from the Senate with respect to such

19 regulation shall not be referred to a com20 mittee.

21 (ii) PROCEDURES.—The procedure of

22 the House with respect to any resolution of

23 the House with respect to such regulation

24 shall be the same as if no such resolution

25 from the Senate had been received. On any
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1 vote on final passage of a concurrent reso2 lution of the House with respect to such

3 regulation, a resolution from the Senate

4 with respect to such regulation that con5 tains identical text shall be automatically

6 substituted for the resolution of the House.

7 (B) SENATE.—If the Senate receives from

8 the House of Representatives a concurrent reso9 lution of regulation approval with respect to

10 any regulation, the following procedures shall

11 apply:

12 (i) REFERRAL.—The concurrent reso13 lution from the House of Representatives

14 with respect to such regulation shall not be

15 referred to a committee.

16 (ii) PROCEDURES.—The procedure of

17 the Senate with respect to any concurrent

18 resolution of the Senate with respect to

19 such regulation shall be the same as if no

20 such resolution from the House of Rep21 resentatives had been received. On any

22 vote on final passage of a concurrent reso23 lution of the Senate with respect to such

24 regulation, a resolution from the House of

25 Representatives with respect to such regu-
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1 lation that contains identical text shall be

2 automatically substituted for the resolution

3 of the Senate.

4 (7) COMPUTATION OF DAYS.—For purposes of

5 this section—

6 (A) continuity of session of Congress is

7 broken only by an adjournment sine die; and

8 (B) the days on which either House is not

9 in session because of an adjournment of more

10 than 3 days to a day certain are excluded in the

11 computation of the period referred to in para12 graph (4).

13 SEC. 355. OTHER FUNCTIONS.

14 (a) RULES OF THE OFFICE.—The Director shall

15 adopt rules governing the procedures of the Office, includ16 ing the procedures of hearing boards, which shall be sub17 mitted for publication in the Congressional Record. The

18 rules may be amended in the same manner. The Director

19 may consult with the Chairman of the Administrative Con20 ference of the United States, the Legal Counsel of the

21 Senate, and the General Counsel of the House of Rep22 resentatives on the adoption of rules.

23 (b) INVESTIGATIVE AUTHORITY.—The Director shall

24 have authority to conduct such investigations as it re-
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1 quires to implement sections 357 through 359 and section

2 361.

3 (c) DUTIES.—The Office shall—

4 (1) carry out a program of education for Mem5 bers of Congress and other employing authorities of

6 the Congress respecting the laws made applicable to

7 them and a program to inform individuals of their

8 rights under laws applicable to congressional em9 ployees and under sections 356 through 361,

10 (2) in carrying out the program under para11 graph (1), distribute the telephone number and ad12 dress of the Office, procedures for action under sec13 tions 356 through 361, and any other information

14 the Director deems appropriate for distribution, dis15 tribute such information to Members of Congress

16 and other employing authorities in a manner suit17 able for posting, provide such information to new

18 Congressional employees, distribute such information

19 to the residences of Congressional employees, and

20 conduct seminars and other activities designed to

21 educate employers and employees in such informa22 tion,

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

24 the Office by Congressional employees, including the

25 number and type of contacts made with the Office,
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1 on the reason for such contacts, on the number of

2 employees who initiated proceedings with the Office

3 under sections 356 through 361 and the result of

4 such proceedings, on the number of employees who

5 filed a complaint under section 359, the basis for the

6 complaint, and the action taken on the complaint,

7 and

8 (4) within 180 days of the initial appointment

9 of the members of the Director and in conjunction

10 with the Clerk of the House of Representatives and

11 the Secretary of the Senate, develop a system for the

12 collection of demographic data respecting the com13 position of the employees of the Congress, including

14 race, sex, and wages, and a system for the collection

15 of information on employment practices, including

16 family leave and flexible work hours, in Congres17 sional offices.

18 SEC. 356. PROCEDURE FOR CONSIDERATION OF ALLEGED

19 VIOLATIONS.

20 The procedure for consideration of alleged violations

21 of laws made applicable to congressional employees under

22 the regulation promulgated under section 354(b) consists

23 of 4 steps as follows:

24 (1) Step I, counseling, as set forth in section

25 357.
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1 (2) Step II, mediation, as set forth in section

2 358.

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

4 a hearing board, as set forth in section 359.

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

6 employee is aggrieved by a dismissal under section

7 359(c), a final decision under section 359(g), or an

8 order under section 359(h) or 359(i) or if a Member

9 of the House of Representatives or a Senator is ag10 grieved by a final decision under section 359(g) or

11 would be subject to an order issued under section

12 359(h) or 359(i).

13 SEC. 357. STEP I: COUNSELING.

14 (a) IN GENERAL.—A Congressional employee alleg15 ing a violation of a law made applicable to congressional

16 employees under section 354 may request counseling

17 through the Office. The Office shall provide the employee

18 with all relevant information with respect to the rights of

19 the employee. A request for counseling shall be made not

20 later than 180 days after the alleged violation forming the

21 basis of the request for counseling occurred.

22 (b) PERIOD OF COUNSELING.—The period for coun23 seling shall be 30 days unless the employee and the Office

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

25 date the request for counseling is received.
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1 SEC. 358. STEP II: MEDIATION.

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

3 end of the counseling period under section 357, the em4 ployee who alleged a violation of a law made applicable

5 to congressional employees under section 354 may file a

6 request for mediation with the Office. Mediation—

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

8 employing office, and individuals who are rec9 ommended by organizations composed primarily of

10 individuals experienced in adjudicating or arbitrating

11 personnel matters, and

12 (2) shall be a process involving meetings with

13 the parties separately or jointly for the purpose of

14 resolving the dispute between the employee and the

15 employing office.

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

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

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

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

20 employee and the head of the employing office when the

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

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

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

24 set the terms, conditions, or privileges of the Congres25 sional employment of an employee.
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1 SEC. 359. STEP III: FORMAL COMPLAINT AND HEARING.

2 (a) FORMAL COMPLAINT AND REQUEST FOR HEAR3 ING.—Not later than 30 days after receipt by the Congres4 sional employee of notice from the Office of the end of

5 the mediation period under section 358, the Congressional

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

7 complaint may be filed unless the employee has made a

8 timely request for counseling and has completed the proce9 dures set forth in sections 357 and 358.

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

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

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

13 Representatives, Senators, or officers or employees of the

14 House of Representatives or Senate, chosen by the Direc15 tor (one of whom shall be designated by the Director as

16 the presiding hearing officer) shall be assigned to consider

17 each complaint filed under subsection (a). The Director

18 shall appoint hearing officers from candidates who are rec19 ommended by the Federal Mediation and Conciliation

20 Service, the Administrative Conference of the United

21 States, or organizations composed primarily of individuals

22 experienced in adjudicating or arbitrating personnel mat23 ters. A hearing board shall act by majority vote.

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

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

26 any claim that it finds to be frivolous.
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1 (d) HEARING.—A hearing shall be conducted—

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

3 board; and

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

5 complaint under subsection (a), except that the Of6 fice may, for good cause, extend up to an additional

7 60 days the time for conducting a hearing.

8 (e) DISCOVERY.—Reasonable prehearing discovery

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

10 (f) SUBPOENA POWER.—

11 (1) IN GENERAL.—A hearing board may au12 thorize subpoenas, which shall be issued by the pre13 siding hearing officer on behalf of the hearing board

14 under, in a matter involving the House of Rep15 resentatives, the seal of the House of Representa16 tives, for the attendance of witnesses at proceedings

17 of the hearing board and for the production of cor18 respondence, books, papers, documents, and other

19 records. The attendance of witnesses and the pro20 duction of evidence may be required from any place

21 within the United States.

22 (2) FAILURE TO OBEY A SUBPOENA.—

23 (A) SUBPOENA ON SENATE MATTERS.—If

24 a person refuses to obey a subpoena issued

25 under paragraph (1) in a matter involving the
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1 Senate, the hearing board may apply to a Unit2 ed States district court for an order requiring

3 that person to appear before the hearing board

4 to give testimony, produce evidence, or both, re5 lating to the matter under investigation. The

6 application may be made within the judicial dis7 trict where the hearing is conducted or where

8 that person is found, resides, or transacts busi9 ness. Any failure to obey the order of the court

10 may be punished by the court as civil contempt.

11 (B) SUBPOENA ON HOUSE OF REPRESENT12 ATIVES MATTERS.—If a person refuses to obey

13 a subpoena issued under paragraph (1) in a

14 matter involving the House of Representatives,

15 the hearing board may report the refusal to the

16 Committee on Rules which may take any action

17 it deems appropriate. Such action may in18 clude—

19 (i) a referral to the Committee on

20 Standards of Official Conduct if the re21 fusal is by a current Member of the House

22 of Representatives or officer or employee of

23 the House of Representatives, or

24 (ii) a report to the House of Rep25 resentatives of a resolution to certify a
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1 contempt pursuant to sections 102 and

2 104 of the Joint Resolution of June 22,

3 1938 (2 U.S.C. 192, 194) if the failure is

4 by someone other than a current Member

5 of the House of Representatives or officer

6 or employee of the House of Representa7 tives.

8 (3) SERVICE OF SUBPOENAS.—The subpoenas

9 of the hearing board shall be served in the manner

10 provided for subpoenas issued by a United States

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

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

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

16 which the person required to be served resides or

17 may be found.

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

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

21 of witnesses).

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

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

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

4 the evidence in the record, and contain a determination

5 as to whether a violation of a law made applicable to con6 gressional employees under section 354 has occurred. Any

7 decision of the hearing board shall contain a written state8 ment of the reasons for the hearing board’s decision. The

9 hearing board shall make its decision available to the pub10 lic

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

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

13 made applicable to congressional employees under section

14 354 has occurred, it shall order the remedies under such

15 law as made applicable to congressional employees under

16 the regulations promulgated under section 354, except

17 that no Member of the House of Representatives or Sen18 ator shall be personally liable for the payment of com19 pensation and the office accounts of a Member or Senator

20 shall not be liable for the payment of compensation. The

21 hearing board shall have no authority to award punitive

22 damages. The entry of an order under subsection shall

23 constitute a final decision for purposes of judicial review

24 under section 360 if the order is not reviewed under sub25 section (i).
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1 (i) REVIEW BY THE DIRECTOR.—

2 (1) IN GENERAL.—A congressional employee or

3 Member of the House of Representatives or Senator

4 may request the director to review a decision of the

5 hearing board under subsection (g) (including a de6 cision after a remand under paragraph (2)(A)).

7 Such a request shall be made within 30 days of the

8 date of the decision of the hearing board. Review by

9 the Director shall be based on the record of the

10 hearing board.

11 (2) DECISION OF THE DIRECTOR.—The Direc12 tor shall issue a decision not later than 60 days

13 after the date of the request under paragraph (1).

14 The decision of the Director may—

15 (A) remand to the hearing board the mat16 ter before the Director for the purpose of

17 supplementing the record or for further consid18 eration;

19 (B) reverse the decision of the hearing

20 board and enter a new decision and order in ac21 cordance with subsection (h); or

22 (C) direct that the decision and order of

23 the hearing board be considered as the final

24 decision.
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1 (3) FINAL DECISION.—The entry of a decision

2 under paragraph (2) shall constitute a final decision

3 for purposes of judicial review under section 360.

4 (j) FUNDS.—There shall be established in the House

5 of Representatives and in the Senate a fund from which

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

7 accordance with an order under subsection (h) or (i) or

8 as a result of judicial review under section 360. From the

9 outset of any proceeding in which compensation may be

10 paid from a fund of the House of Representatives, the

11 General Counsel of the House of Representatives may pro12 vide the respondent with representation.

13 SEC. 360. JUDICIAL REVIEW.

14 (a) IN GENERAL.—Any congressional employee ag15 grieved by a dismissal of a claim under section 359(c) or

16 a final decision under section 359(h) or 359(i), or any

17 Member of the House of Representatives or Senator ag18 grieved by a final decision under section 359(h) or 359(i),

19 may petition for review by the United States Court of Ap20 peals for the Federal Circuit.

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

22 United States Code, shall apply to a review under sub23 section (a) except that—

24 (1) with respect to section 2344 of title 28,

25 United States Code, service of the petition shall be
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1 on the House or Senate Legal Counsel, as the case

2 may be, rather than on the Attorney General;

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

4 United States Code, on the authority of the Attorney

5 General, shall not apply;

6 (3) the petition for review shall be filed not

7 later than 90 days after the entry in the Office of

8 a final decision under section 409(d);

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

10 term is used in chapter 158 of title 28, United

11 States Code; and

12 (5) the Office shall be the respondent in any

13 proceeding under subsection (a).

14 (c) STANDARD OF REVIEW.—To the extent necessary

15 for decision, the court shall decide all relevant questions

16 of law and interpret constitutional and statutory provi17 sions. The court shall set aside a final decision under sec18 tion 359(h) or 359(i) if it is determined that the decision

19 or order was—

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

21 or otherwise not consistent with law;

22 (2) not made consistent with required proce23 dures; or

24 (3) unsupported by substantial evidence.
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1 In making the foregoing determinations, the court shall

2 review the whole record, or those parts of it cited by a

3 party, and due account shall be taken of the rule of preju4 dicial error. The record on review shall include the record

5 before the hearing board, the decision of the hearing board

6 or Director, and the order of the hearing board or

7 Director.

8 (d) ATTORNEY’S FEES.—If a congressional employee

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

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

11 by the court in accordance with the standards prescribed

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

13 U.S.C. 2000e–5(k)).

14 SEC. 361. RESOLUTION OF COMPLAINT.

15 If, after a formal complaint is filed under section 359,

16 the employee and the head of the employing office resolve

17 the issues involved, the employee may withdraw the com18 plaint or the parties may enter into a written agreement,

19 subject to the approval of the Director.

20 SEC. 362. PROHIBITION OF INTIMIDATION.

21 Any intimidation of, or reprisal against, any employee

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

23 or officer or employee of the House of Representatives or

24 Senate, or by the Architect of the Capitol, or anyone em25 ployed by the Architect of the Capitol, because of the exer-
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1 cise of a right under this subtitle constitutes an unlawful

2 employment practice, which may be remedied in the same

3 manner under this subtitle as is a violation of a law made

4 applicable to congressional employees under section 354.

5 SEC. 363. CONFIDENTIALITY.

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

7 confidential except that the Office and the employee may

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

9 allegations.

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

11 confidential.

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

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

14 the hearing board shall be confidential.

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

16 The records and decisions of hearing boards may be made

17 public if required for the purpose of judicial action under

18 section 9.

19 (e) ACCESS BY COMMITTEES OF CONGRESS.—The

20 Committee on Standards of Official Conduct of the House

21 of Representatives and the Select Committee on Ethics of

22 the Senate shall have access to the hearings, deliberations,

23 and decisions of the hearing board but only after the hear24 ing board has made a decision under section 359(g) with
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1 respect to the matter for which such hearings and delib2 erations of the hearing board were made.

3 (f) COORDINATION.—The Director shall coordinate

4 the Director’s proceedings with the Committee on Stand5 ards and Official Conduct of the House of Representatives

6 and the Select Committee on Ethics of the Senate to

7 ensure effectiveness, to avoid duplication, and to prevent

8 penalizing cooperation by respondents in the respective

9 proceedings.

10 SEC. 364. POLITICAL AFFILIATION AND PLACE OF RESI11 DENCE.

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

13 made applicable to congressional employees under section

14 354 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. 365. OTHER REVIEW.

14 No congressional employee may commence a judicial

15 proceeding to redress practices prohibited under section

16 354, except as provided in this subtitle and no court or

17 administrative body shall have jurisdiction to entertain

18 any civil action concerning or related to practices prohib19 ited under section 354.

20 Subtitle D—Miscellaneous

21 SEC. 371. SUNSET AGENCY REPORTING REQUIREMENTS.

22 (a) IN GENERAL.—The Committee on Government

23 Operations of the House of Representatives and the Com24 mittee on Governmental Affairs of the Senate shall con25 duct, with the assistance of the General Accounting Office,
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1 a comprehensive survey of all statutory reporting require2 ments, soliciting the views of House and Senate standing

3 committees, during the One Hundred Fourth Congress

4 and report legislation on or before December 31, 1996,

5 to eliminate obsolete, nonessential, or duplicative reports.

6 (b) 5-Year Period.—The Committee on Government

7 Operations of the House of Representatives and the Com8 mittee on Governmental Affairs of the Senate shall estab9 lish a uniform and appropriate procedure for requiring

10 agency reports to Congress to expire after 5 years, subject

11 to their specific reauthorization, and report legislation by

12 December 31, 1996, to sunset statutory reporting require13 ments.

14 SEC. 372. JOINT COMMITTEE ON INFORMATION MANAGE15 MENT.

16 (a) ABOLITION OF JOINT COMMITTEE ON PRINT17 ING.—Chapter 1 of title 44, United States Code, is re18 pealed.

19 (b) ABOLITION OF JOINT COMMITTEE OF CONGRESS

20 ON THE LIBRARY.—Sections 223 and 224 of the Legisla21 tive Reorganization Act of 1946 (2 U.S.C. 132B and 133)

22 are repealed.

23 (c) ESTABLISHMENT OF JOINT COMMITTEE ON IN24 FORMATION MANAGEMENT.—(1) There is established a
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1 Joint Committee on Information Management (hereafter

2 in this section referred to as the ‘‘Committee’’).

3 (2) The Committee shall be composed of 10 members

4 as follows:

5 (A) 5 members from the Committee on House

6 Administration of the House of Representatives to

7 be appointed by the Speaker and 5 members of the

8 Rules and Administration of the Senate to be ap9 pointed by lll.

10 (d) FUNCTIONS.—The Committee shall—

11 (1) coordinate information management for

12 Congress;

13 (2) establish standards and applications policies

14 for Congress and its support agencies for informa15 tion technologies, including telecommunications, elec16 tronic files and indexing, publishing, and informa17 tion dissemination within Congress and to the public

18 pursuant to chapters 17 and 19 of title 44, United

19 States Code;

20 (3) ensure dissemination of executive branch in21 formation to the public as provided in title 44, Unit22 ed States Code; and

23 (4) carry out all functions heretofore carried

24 out by the Joint Committee on Printing and the

25 Joint Committee of Congress on the Library.
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1 (e) TRANSFER OF FUNCTIONS.—Effective upon the

2 effective date of this section, all functions of the Joint

3 Committee on Printing and the Joint Committee of Con4 gress on the Library except those functions carried out

5 by the Joint Committee of Congress on the Library related

6 to the supervision of the Botanic Garden and the Capitol

7 art collection, which shall be transferred to the Committee

8 on House Administration of the House of Representatives

9 and the Committee on Rules and Administration of the

10 Senate, are transferred to the Committee.

11 (f) VACANCIES; CHAIRMANSHIP.—Vacancies in the

12 membership of the Committee shall not affect the power

13 of the remaining members to execute the functions of the

14 Committee, and shall be filled in the same manner as the

15 original selection. The chairmanship and vice chairman16 ship of the Committee shall alternate between the chair17 man of the Committee on Rules and Administration of the

18 Senate and the chairman of the Committee on House Ad19 ministration of the House of Representatives with each

20 Congress. The initial chairman of the Committee shall be

21 the chairman of the Committee on House Administration

22 and the initial vice chairman shall be the chairman of the

23 Committee on Rules and Administration.

24 (g) EFFECTIVE DATE.—This section shall take effect

25 at the beginning of the One Hundred Fourth Congress.
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1 Subtitle E—Budget Control

2 SEC. 381. SHORT TITLE; PURPOSE.

3 (a) SHORT TITLE.—This subtitle may be cited as the

4 ‘‘Budget Control Act of 1993’’.

5 (b) PURPOSE.—The purpose of this subtitle is to cre6 ate a mechanism to monitor total costs of direct spending

7 programs, and, in the event that actual or projected costs

8 exceed targeted levels, to require the President and Con9 gress to address adjustments in direct spending.

10 SEC. 382. ESTABLISHMENT OF DIRECT SPENDING TARGETS.

11 (a) IN GENERAL.—The initial direct spending targets

12 for each of fiscal years 1994 through 1997 shall equal

13 total outlays for all direct spending except net interest and

14 deposit insurance as determined by the Director of the Of15 fice of Management and Budget (hereinafter referred to

16 in this subtitle as the ‘‘Director’’) under subsection (b).

17 (b) INITIAL REPORT BY DIRECTOR.—

18 (1) Not later than 30 days after the date of en19 actment of this Act, the Director shall submit a re20 port to Congress setting forth projected direct

21 spending targets for each of fiscal years 1994

22 through 1997.

23 (2) The Director’s projections shall be based on

24 legislation enacted as of 5 days before the report is

25 submitted under paragraph (1). To the extent fea-
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1 sible, the Director shall use the same economic and

2 technical assumptions used in preparing the concur3 rent resolution on the budget for fiscal year 1994

4 (H. Con. Res. 64).

5 (c) ADJUSTMENTS.—Direct spending targets shall be

6 subsequently adjusted by the Director under section 386.

7 SEC. 383. ANNUAL REVIEW OF DIRECT SPENDING AND RE8 CEIPTS BY PRESIDENT.

9 As part of each budget submitted under section

10 1105(a) of title 31, United States Code, the President

11 shall provide an annual review of direct spending and re12 ceipts, which shall include (1) information supporting the

13 adjustment of direct spending targets pursuant to section

14 386, (2) information on total outlays for programs covered

15 by the direct spending targets, including actual outlays for

16 the prior fiscal year and projected outlays for the current

17 fiscal year and the 5 succeeding fiscal years, and (3) infor18 mation on the major categories of Federal receipts, includ19 ing a comparison between the levels of those receipts and

20 the levels projected as of the date of enactment of this

21 Act.

22 SEC. 384. SPECIAL DIRECT SPENDING MESSAGE BY PRESI23 DENT.

24 (a) TRIGGER.—In the event that the information sub25 mitted by the President under section 383 indicates—
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1 (1) that actual outlays for direct spending in

2 the prior fiscal year exceeded the applicable direct

3 spending target, or

4 (2) that outlays for direct spending for the cur5 rent or budget year are projected to exceed the ap6 plicable direct spending targets,

7 the President shall include in his budget a special direct

8 spending message meeting the requirements of subsection

9 (b).

10 (b) CONTENTS.—(1) The special direct spending

11 message shall include:

12 (A) An explanation of any adjustments to the

13 direct spending targets pursuant to section 386.

14 (B) An analysis of the variance in direct spend15 ing over the adjusted direct spending targets.

16 (C) The President’s recommendations for ad17 dressing the direct spending overages, if any, in the

18 prior, current, or budget year.

19 (2) The President’s recommendations may consist of

20 any of the following:

21 (A) Proposed legislative changes to reduce di22 rect spending outlays, increase revenues, or both, in

23 order to recoup or eliminate the overage for the

24 prior, current, and budget years in the current year,

25 the budget year, and the 4 outyears.
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1 (B) Proposed legislative changes to reduce di2 rect spending outlays, increase revenues, or both, in

3 order to recoup or eliminate part of the overage for

4 the prior, current, and budget year in the current

5 year, the budget year, and the 4 outyears, accom6 panied by a finding by the President that, because

7 of economic conditions or for other specified reasons,

8 only some of the overage should be recouped or

9 eliminated by direct spending outlay reductions or

10 revenue increases, or both.

11 (C) A proposal to make no legislative changes

12 to recoup or eliminate any overage, accompanied by

13 a finding by the President that, because of economic

14 conditions or for other specified reasons, no legisla15 tive changes are warranted.

16 (3) Any proposed legislative change under paragraph

17 (2) to reduce outlays may include reductions in direct

18 spending.

19 (c) PROPOSED SPECIAL DIRECT SPENDING RESOLU20 TION.—

21 (1) PRESIDENT’S RECOMMENDATIONS TO BE

22 SUBMITTED AS DRAFT RESOLUTION.—If the Presi23 dent recommends reductions consistent with sub24 section (b)(2)(A) or (B), the special direct spending

25 message shall include the text of a special direct
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1 spending resolution implementing the President’s

2 recommendations through reconciliation directives

3 instructing the appropriate committees of the House

4 of Representatives and Senate to determine and rec5 ommend changes in laws within their jurisdictions to

6 reduce direct spending outlays or increase revenues

7 by specified amounts. If the President recommends

8 no reductions pursuant to (b)(2)(C), the special di9 rect spending message shall include the text of a

10 special resolution concurring in the President’s rec11 ommendation of no legislative action.

12 (2) RESOLUTION TO BE INTRODUCED IN

13 HOUSE.—Within 10 days after the President’s spe14 cial direct spending message is submitted, the text

15 required by paragraph (1) shall be introduced as a

16 concurrent resolution in the House of Representa17 tives by the chairman of the Committee on the

18 Budget of the House of Representatives without sub19 stantive revision. If the chairman fails to do so, after

20 the tenth day the resolution may be introduced by

21 any Member of the House of Representatives. A con22 current resolution introduced under this paragraph

23 shall be referred to the Committee on the Budget.
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1 SEC. 385. REQUIRED RESPONSE BY CONGRESS.

2 (a) REQUIREMENT FOR SPECIAL DIRECT SPENDING

3 RESOLUTION.—Whenever the President submits a special

4 direct spending message under section 384, the Committee

5 on the Budget of the House of Representatives shall re6 port, not later than April 15, the concurrent resolution

7 on the budget and include in it a separate title that meets

8 the requirements of subsections (b) and (c).

9 (b) CONTENTS OF SEPARATE TITLE.—The separate

10 title of the concurrent resolution on the budget shall con11 tain reconciliation directives to the appropriate committees

12 of the House of Representatives and Senate to determine

13 and recommend changes in laws within their jurisdictions

14 to reduce direct spending outlays or increase revenues by

15 specified amounts (which in total equal or exceed the re16 ductions recommended by the President, up to the amount

17 of the overage). If this separate title recommends that no

18 legislative changes be made to recoup or eliminate an over19 age, then a statement to that effect shall be set forth in

20 that title.

21 (c) REQUIREMENT FOR SEPARATE VOTE TO IN22 CREASE TARGETS.—If the separate title of a concurrent

23 resolution on the budget proposes to recoup or eliminate

24 less than the entire overage for the prior, current, and

25 budget years, then the Committee on the Budget of the

26 House of Representatives shall report a resolution direct-
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1 ing the Committee on Government Operations to report

2 legislation increasing the direct spending targets for each

3 applicable year by the full amount of the overage not re4 couped or eliminated. It shall not be in order in the House

5 of Representatives to consider that concurrent resolution

6 on the budget until the House of Representatives has

7 agreed to the resolution directing the increase in direct

8 spending targets.

9 (d) CONFERENCE REPORTS MUST FULLY ADDRESS

10 OVERAGE.—It shall not be in order in the House of Rep11 resentatives to consider a conference report on a concur12 rent resolution on the budget unless that conference report

13 fully addresses the entirety of any overage contained in

14 the applicable report of the President under section 384

15 through reconciliation directives requiring direct spending

16 reductions, revenue increases, or changes in the direct

17 spending targets.

18 (e) PROCEDURE IF HOUSE BUDGET COMMITTEE

19 FAILS TO REPORT REQUIRED RESOLUTION.—

20 (1) AUTOMATIC DISCHARGE OF HOUSE BUDGET

21 COMMITTEE.—If a special direct spending resolution

22 is required and the Committee on the Budget of the

23 House of Representatives fails to report a resolution

24 meeting the requirements of subsections (b) and (c)

25 by April 15, then the committee shall be automati-
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1 cally discharged from further consideration of the

2 concurrent resolution reflecting the President’s rec3 ommendations introduced pursuant to section

4 384(c)(2) and the concurrent resolution shall be

5 placed on the appropriate calendar.

6 (2) CONSIDERATION BY HOUSE.—Ten days

7 after the Committee on the Budget of the House of

8 Representatives has been discharged under para9 graph (1), any Member may move that the House

10 proceed to consider the resolution. Such motion shall

11 be highly privileged and not debatable.

12 (f) APPLICATION OF CONGRESSIONAL BUDGET

13 ACT.—To the extent that they are relevant and not incon14 sistent with this subtitle, the provisions of title III of the

15 Congressional Budget Act of 1974 shall apply in the

16 House of Representatives and the Senate to special direct

17 spending resolutions, resolutions increasing targets under

18 subsection (c), and reconciliation legislation reported pur19 suant to directives contained in those resolutions.

20 SEC. 386. ADJUSTMENTS TO DIRECT SPENDING TARGETS.

21 (a) REQUIRED ANNUAL ADJUSTMENTS.—Prior to

22 the submission of the President’s budget for each of fiscal

23 years 1995 through 1997, the Director shall adjust the

24 direct spending targets in accordance with this section.

25 Any such adjustments shall be reflected in the targets
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1 used in the President’s report under section 383 and mes2 sage (if any) under section 384.

3 (b) ADJUSTMENT FOR INCREASES IN BENE4 FICIARIES.—(1) The Director shall adjust the direct

5 spending targets for increases (if any) in actual or pro6 jected numbers of beneficiaries under direct spending pro7 grams for which the number of beneficiaries is a variable

8 in determining costs.

9 (2) The adjustment shall be made by—

10 (A) computing, for each program under para11 graph (1), the percentage change between (i) the an12 nual average number of beneficiaries under that pro13 gram (including actual numbers of beneficiaries for

14 the prior fiscal year and projections for the budget

15 and subsequent fiscal years) to be used in the Presi16 dent’s budget with which the adjustments will be

17 submitted, and (ii) the annual average number of

18 beneficiaries used in the adjustments made by the

19 Director in the previous year (or, in the case of ad20 justments made in 1994, the annual average number

21 of beneficiaries used in the Director’s initial report

22 under section 382(b));

23 (B) applying the percentages computed under

24 subparagraph (A) to the projected levels of outlays

25 for each program consistent with the direct spending
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1 targets in effect immediately prior to the adjust2 ment; and

3 (C) adding the results of the calculations re4 quired by subparagraph (B) to the direct spending

5 targets in effect immediately prior to the adjust6 ment.

7 (3) No adjustment shall be made for any program

8 for a fiscal year in which the percentage increase com9 puted under paragraph (2)(A) is less than or equal to

10 zero.

11 (c) ADJUSTMENTS FOR REVENUE LEGISLATION.—

12 (1) The Director shall adjust the targets as follows—

13 (A) they shall be increased by the amount of

14 any increase in receipts; or

15 (B) they shall be decreased by the amount of

16 any decrease in receipts,

17 resulting from receipts legislation enacted after the date

18 of enactment of this subtitle, except legislation enacted

19 under section 385.

20 (d) ADJUSTMENTS TO REFLECT CONGRESSIONAL

21 DECISIONS.—Upon enactment of a reconciliation bill pur22 suant to instructions under section 385, the Director shall

23 adjust direct spending targets for the current year, the

24 budget year, and each outyear through 1997 by—
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1 (1) increasing the target for the current year

2 and the budget year by the amount stated for that

3 year in that reconciliation bill (but if a separate vote

4 was required by section 385(c), only if that vote has

5 occurred); and

6 (2) decreasing the target for the current, budg7 et, and outyears through 1997 by the amount of re8 ductions in direct spending enacted in that reconcili9 ation bill.

10 (e) DESIGNATED EMERGENCIES.—The Director shall

11 adjust the targets to reflect the costs of legislation that

12 is designated as an emergency by Congress and the Presi13 dent under section 252(b) of the Balanced Budget and

14 Emergency Deficit Control Act of 1985.

15 SEC. 387. RELATIONSHIP TO BALANCED BUDGET AND

16 EMERGENCY DEFICIT CONTROL ACT OF 1985.

17 Reductions in outlays or increases in receipts result18 ing from legislation reported pursuant to section 385 shall

19 not be taken into account for purposes of any budget en20 forcement procedures under the Balanced Budget and

21 Emergency Deficit Control Act of 1985.

22 SEC. 388. ESTIMATING MARGIN.

23 For any fiscal year for which the overage is less than

24 one-half of 1 percent of the direct spending target for that
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1 year, the procedures set forth in sections 384 and 385

2 shall not apply.

3 SEC. 389. CONSIDERATION OF APPROPRIATION BILLS.

4 (a) POINT OF ORDER.—It shall not be in order in

5 the House of Representatives to consider any general ap6 propriation bill if the President has submitted a direct

7 spending message under section 384 until Congress has

8 adopted a concurrent resolution on the budget for the

9 budget year that meets the requirements of section 385.

10 (b) WAIVER.—The point of order established by sub11 section (a) may only be waived for all general appropria12 tion bills for that budget year through the adoption of one

13 resolution waiving that point of order.

14 SEC. 390. MEANS-TESTED PROGRAMS.

15 In making recommendations under sections 384 and

16 385, the President and the Congress should seriously con17 sider all other alternatives before proposing reductions in

18 means-tested programs.

19 SEC. 391. EFFECTIVE DATE.

20 This subtitle shall apply to direct spending targets

21 for fiscal years 1994 through 1997 and shall expire at the

22 end of fiscal year 1997.

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