II

103D CONGRESS

1ST SESSION S. 1439

To provide for the application of certain employment protection laws to

the Congress, and for other purposes.

IN THE SENATE OF THE UNITED STATES

AUGUST 6 (legislative day, JUNE 30), 1993

Mr. LIEBERMAN introduced the following bill; which was read twice and

referred to the Committee on Governmental Affairs

A BILL

To provide for the application of certain employment

protection laws to the Congress, 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.

4 This Act may be cited as the ‘‘Congressional Ac5 countability Act’’.

6 SEC. 2. APPLICATION OF FEDERAL LAWS.

7 (a) EMPLOYMENT.—Any provision of Federal law

8 shall, to the extent that the provision relates to—

9 (1) the terms and conditions of employment (in10 cluding hiring, promotion or demotion, salary or
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1 wages, overtime compensation, benefits, work assign2 ments or reassignments, termination, and family or

3 medical leave) of employees;

4 (2) protection from discrimination in personnel

5 actions, including discrimination based on—

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

7 marital and parental status), or national origin,

8 within the meaning of section 717 of the Civil

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

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

11 of the Age Discrimination in Employment Act

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

13 (C) handicap or disability, within the

14 meaning of section 501 of the Rehabilitation

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

16 through 104 of the Americans with Disabilities

17 Act of 1990 (42 U.S.C. 12112–14); or

18 (3) the health and safety of employees,

19 apply, except as otherwise specifically provided in this Act,

20 to each employing office and each congressional employee,

21 in accordance with section 4.

22 (b) INFORMATION.—Any provision of Federal law, in23 cluding section 552 of title 5, United States Code (com24 monly known as the ‘‘Freedom of Information Act’’), and

25 section 552a of title 5, United States Code, (commonly
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1 known as the ‘‘Privacy Act of 1974’’) shall, to the extent

2 the provision relates to the availability of information to

3 the public, apply, except as otherwise specifically provided

4 in this Act, to each office of the legislative branch of the

5 Federal Government and the information in the possession

6 of such office, in accordance with section 4.

7 SEC. 3. OFFICE OF COMPLIANCE.

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

9 legislative branch for the Congress an Office of Compli10 ance (referred to in this Act as the ‘‘Office’’).

11 (b) BOARD OF DIRECTORS.—

12 (1) IN GENERAL.—There shall be a Board of

13 Directors in the Office. The Board of Directors shall

14 consist of 13 individuals appointed jointly by the

15 Speaker of the House of Representatives, the Major16 ity Leader of the Senate, and the Minority Leaders

17 of the House of Representatives and the Senate. The

18 members first appointed to the Board of Directors

19 shall be appointed not later than 120 days after the

20 date of the enactment of this Act.

21 (2) QUALIFICATIONS.—

22 (A) IN GENERAL.—The Board of Directors

23 shall be composed of—

24 (i) 7 individuals with training or ex25 pertise in employment in the Congress, and
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1 in the application of the provisions referred

2 to in section 2, including—

3 (I) at least 1 such individual with

4 training or expertise in the application

5 of the provisions referred to in section

6 2(b) to requests for information;

7 (II) at least 1 such individual

8 with training or expertise in the appli9 cation of the provisions described in

10 section 2(a)(1) to employment;

11 (III) at least 1 such individual

12 with training or expertise in the appli13 cation of the provisions described in

14 section 2(a)(2) to employment; and

15 (IV) at least 1 such individual

16 with training or expertise in the appli17 cation of the provisions described in

18 section 2(a)(3) to employment; and

19 (ii) 2 Members of the House of Rep20 resentatives, 2 Senators, 1 employee of the

21 House of Representatives, and 1 employee

22 of the Senate.

23 (B) SPECIFIC QUALIFICATIONS.—

24 (i) LOBBYING.—No individual who en25 gages in, or is otherwise employed in, lob-
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1 bying of the Congress shall be considered

2 eligible for appointment to, or service on,

3 the Board of Directors.

4 (ii) OFFICE.—No Member of the

5 House of Representatives, Senator, or con6 gressional employee may be appointed as a

7 member of the Board of Directors under

8 subparagraph (A)(i).

9 (3) POLITICAL AFFILIATION.—Not more than

10 one Member of the House of Representatives who is

11 a member of the Board of Directors and not more

12 than one Senator who is a member of the Board of

13 Directors may be of the same political party.

14 (4) HOLDING OFFICE.—If during a term of of15 fice a member of the Board of Directors appointed

16 under paragraph (2)(A)(ii) on the basis of an office

17 or position described in such paragraph no longer

18 holds the office or position or a member of the

19 Board of Directors engages in an activity described

20 in paragraph (2)(B)(i), the position on the Board of

21 Directors held by the member involved shall be de22 clared vacant by the appointing authorities described

23 in paragraph (1) and a successor shall be selected in

24 accordance with paragraph (2).
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1 (5) VACANCIES.—Any vacancy occurring in the

2 membership of the Board of Directors shall be filled

3 in the same manner as the original appointment for

4 the position being vacated. The vacancy shall not af5 fect the power of the remaining members to execute

6 the duties of the Board of Directors.

7 (c) AUTHORITY.—

8 (1) IN GENERAL.—The 13 members of the

9 Board of Directors appointed under subsection

10 (b)(1) shall have the authority to carry out the func11 tions described in subsections (a), (b), (d), and (e)

12 of section 4.

13 (2) LIMITED AUTHORITY.—The 6 members of

14 the Board of Directors appointed under subsection

15 (b)(2)(A)(ii) shall have no authority to carry out the

16 functions of the Office under sections 5 through 9

17 or sections 11 through 13 or under the regulations

18 issued in accordance with section 10(c)(3).

19 (d) TERM OF OFFICE.—

20 (1) IN GENERAL.—Except as provided in para21 graph (2), members of the Board of Directors shall

22 be appointed for terms of 5 years.

23 (2) FIRST APPOINTMENTS.—Of the members

24 first appointed to the Board of Directors—
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1 (A) 3 shall be appointed to a term of 1

2 year;

3 (B) 3 shall be appointed to a term of 2

4 years;

5 (C) 3 shall be appointed to a term of 3

6 years;

7 (D) 3 shall be appointed to a term of 4

8 years; and

9 (E) 3 shall be appointed to a term of 5

10 years,

11 as jointly designated at the time of appointment by

12 the appointing authorities describe in subsection

13 (b)(1).

14 (e) CHAIRPERSON.—The Board of Directors shall

15 elect a Chairperson from among the members of the

16 Board.

17 (f) BASIC PAY.—Members of the Board of Directors

18 who are not officers or employees of the United States

19 shall serve without compensation. All members of the

20 Board of Directors who are officers or employees of the

21 United States shall serve without compensation in addi22 tion to that received for their services as officers or em23 ployees of the United States.

24 (g) TRAVEL EXPENSES.—Each member of the Board

25 of Directors shall receive travel expenses, including per
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1 diem in lieu of subsistence, at rates authorized for employ2 ees of agencies under subchapter I of chapter 57 of title

3 5, United States Code, for each day the member is en4 gaged in the performance of duties away from the home

5 or regular place of business of the member.

6 (h) STAFF.—The Office may appoint and fix the

7 compensation of such staff, including hearing officers, as

8 are necessary to carry out the Board of Director’s func9 tions.

10 (i) DETAILEES.—The Office may, with the prior con11 sent of the Government department or agency concerned,

12 use on a reimbursable or nonreimbursable basis the serv13 ices of any such department or agency, including the serv14 ices of members or personnel of the General Accounting

15 Office Personnel Appeals Board.

16 (j) CONSULTANTS.—In carrying out the functions of

17 the Office, the Office may procure the temporary (not to

18 exceed 1 year) or intermittent services of individual con19 sultants, or organizations thereof.

20 SEC. 4. BOARD FUNCTIONS.

21 (a) INITIAL ACTION.—

22 (1) STUDY.—The Board of Directors shall con23 duct a study of the application to Congress of the

24 provisions referred to in section 2. The Board of Di25 rectors shall complete such study and submit to
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1 Congress a report containing the results of the study

2 not later than 180 days after the date of the enact3 ment of this Act.

4 (2) REGULATIONS.—Not later than 180 days

5 after the date of the completion of the study under

6 subsection (a), the Board of Directors shall, in ac7 cordance with section 553 of title 5, United States

8 Code, propose regulations that specify which of such

9 provisions shall apply to Congress, which regula10 tions—

11 (A) shall take into account the costs asso12 ciated with the application of such provisions to

13 the Congress;

14 (B) shall be consistent with the portions of

15 such provisions, including portions relating to

16 remedies, that apply to employees of the United

17 States, except as otherwise specifically provided;

18 and

19 (C) may specify specific dates for the ap20 plication of specific provisions and may specify

21 specific means for the application of such provi22 sions.

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

24 Board of Directors—
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1 (1) shall study the application to the Congress

2 of provisions referred to in section 2 that are en3 acted after the date of the enactment of this Act;

4 and

5 (2) may propose regulations with respect to

6 such provisions in accordance with subsection (a)(2).

7 (c) CONGRESSIONAL APPROVAL.—

8 (1) IN GENERAL.—Regulations proposed by the

9 Board of Directors under subsection (a) or (b) shall

10 not take effect unless approved by the Congress by

11 concurrent resolution under this subsection.

12 (2) RULEMAKING.—The provisions of this sub13 section are enacted by the Congress—

14 (A) with respect to the application of this

15 subsection to regulations affecting employees of

16 the House of Representatives—

17 (i) as an exercise of the rulemaking

18 power of the House of Representatives,

19 and as such are deemed a part of the rules

20 of the House, but applicable only with re21 spect to the procedure to be followed in the

22 House in the case of concurrent resolutions

23 of regulation approval, and such provisions

24 supersede other rules of the House only to
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1 the extent that they are inconsistent with

2 such other rules; and

3 (ii) with full recognition of the con4 stitutional right of the House to change

5 the rules (so far as relating to the proce6 dure of the House) at any time, in the

7 same manner and to the same extent as in

8 the case of any other rule of the House;

9 and

10 (B) with respect to the application of this

11 subsection to regulations affecting employees of

12 the Senate, as an exercise of the rulemaking

13 power of the Senate, with full recognition of the

14 right of the Senate to change its rules, in the

15 same manner, and to the same extent, as in the

16 case of any other rule of the Senate.

17 (3) REFERRAL.—

18 (A) HOUSE OF REPRESENTATIVES.—Con19 current resolutions relating to approval of regu20 lations proposed under subsection (a) or (b) (re21 ferred to in this section as a ‘‘concurrent reso22 lution of regulation approval’’) shall, upon in23 troduction in the House of Representatives, be

24 immediately referred by the Speaker of the

25 House to the appropriate committee or commit-
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1 tees of the House. Any such concurrent resolu2 tion received from the Senate shall be held at

3 the Speaker’s table.

4 (B) SENATE.—Concurrent resolutions of

5 regulation approval shall, upon introduction in

6 the Senate be immediately referred by the Pre7 siding Officer of the Senate to the appropriate

8 committee or committees of the Senate. Any

9 such concurrent resolution received from the

10 House of Representatives shall be held at the

11 desk.

12 (4) COMMITTEE CONSIDERATION.—

13 (A) HOUSE OF REPRESENTATIVES.—Upon

14 the expiration of 6 days of continuous session

15 after the introduction of the first concurrent

16 resolution of regulation approval with respect to

17 any regulation, each committee to which such

18 concurrent resolution was referred shall be dis19 charged from further consideration of such con20 current resolution, and such concurrent resolu21 tion shall be referred to the appropriate cal22 endar, unless such concurrent resolution or an

23 identical resolution was previously reported by

24 each committee to which the concurrent resolu25 tion was referred.
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1 (B) SENATE.—Upon the expiration of 6

2 days of continuous session after the introduc3 tion of the first concurrent resolution of regula4 tion approval with respect to any regulation,

5 each committee to which such concurrent reso6 lution was referred shall be discharged from

7 further consideration of such concurrent resolu8 tion, and such concurrent resolution shall be

9 placed on the calendar, unless such concurrent

10 resolution or an identical resolution was pre11 viously reported by each committee to which the

12 concurrent resolution was referred.

13 (5) CONSIDERATION.—

14 (A) HOUSE OF REPRESENTATIVES.—It

15 shall be in order for the Speaker to recognize

16 a Member of the House of Representatives fa17 voring a concurrent resolution of regulation ap18 proval to call up the concurrent resolution after

19 it has been on the appropriate calendar for 5

20 legislative days. When any such concurrent res21 olution is called up, the House shall proceed to

22 its immediate consideration and the Speaker

23 shall recognize the Member calling up such con24 current resolution and a Member opposed to

25 such concurrent resolution for 1 hour of debate
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1 in the House, to be equally divided and con2 trolled by such Members. When such time has

3 expired, the previous question shall be consid4 ered as ordered on the concurrent resolution to

5 adoption without intervening motion. No

6 amendment to any such concurrent resolution

7 shall be in order, nor shall it be in order to

8 move to reconsider the vote by which such reso9 lution is agreed to or disagreed to.

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

11 Presiding Officer to recognize a Senator favor12 ing a concurrent resolution of regulation ap13 proval to call up the concurrent resolution after

14 it has been on the calendar for 5 legislative

15 days. When any such concurrent resolution is

16 called up, the House shall proceed to its imme17 diate consideration and the Speaker shall recog18 nize the Senator calling up such concurrent res19 olution and a Senator opposed to such concur20 rent resolution for 1 hour of debate in the

21 House, to be equally divided and controlled by

22 such Senators. When such time has expired, the

23 Senate shall proceed without any intervening

24 action to vote on the concurrent resolution. No

25 amendment to any such concurrent resolution
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1 shall be in order, nor shall it be in order to

2 move to reconsider the vote by which such reso3 lution is agreed to or disagreed to.

4 (6) CONCURRENT RESOLUTION FROM ANOTHER

5 HOUSE.—

6 (A) HOUSE OF REPRESENTATIVES.—If the

7 House receives from the Senate a concurrent

8 resolution of regulation approval with respect to

9 any regulation approval, then the following pro10 cedures shall apply:

11 (i) The concurrent resolution of the

12 Senate with respect to such regulation ap13 proval shall not be referred to a committee.

14 (ii) With respect to the concurrent

15 resolution of the House with respect to

16 such regulation the procedure with respect

17 to that or other concurrent resolutions of

18 the House with respect to such regulation

19 approval shall be the same as if no resolu20 tion from the Senate with respect to such

21 regulation had been received. On any vote

22 on final passage a concurrent resolution of

23 the House with respect to such regulation,

24 a resolution from the Senate with respect

25 to such regulation where the text is iden-
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1 tical shall be automatically substituted for

2 the resolution of the House.

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

4 the House of Representatives a concurrent reso5 lution of regulation approval with respect to

6 any regulation approval, then the following pro7 cedures shall apply:

8 (i) The concurrent resolution of the

9 House of Representatives with respect to

10 such regulation approval shall not be re11 ferred to a committee.

12 (ii) With respect to the concurrent

13 resolution of the Senate with respect to

14 such regulation the procedure with respect

15 to that or other concurrent resolutions of

16 the Senate with respect to such regulation

17 approval shall be the same as if no resolu18 tion from the House of Representatives

19 with respect to such regulation had been

20 received. On any vote on final passage a

21 concurrent resolution of the Senate with

22 respect to such regulation, a resolution

23 from the House of Representatives with re24 spect to such regulation where the text is
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1 identical shall be automatically substituted

2 for the resolution of the Senate.

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

4 this section—

5 (A) continuity of session of Congress is

6 broken only by an adjournment sine die; and

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

8 in session because of an adjournment of more

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

10 computation of the 60-day period referred to in

11 paragraph (4).

12 (d) RULES OF THE OFFICE.—The Office shall adopt

13 rules governing the procedures of the Office, including the

14 procedures of hearing boards, which rules shall be submit15 ted for publication in the Congressional Record. The rules

16 may be amended in the same manner. The Board of Direc17 tors may consult with the Chairman of the Administrative

18 Conference of the United States on the adoption of rules.

19 (e) INFORMATION PROGRAM.—The Board of Direc20 tors shall carry out such information program as may be

21 appropriate to inform Members of the House of Rep22 resentatives, Senators, congressional employees, and heads

23 of employing offices as to the provisions, including rem24 edies, of the provisions made applicable to the Congress

25 under subsection (a) or (b).
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1 SEC. 5. PROCEDURE FOR CONSIDERATION OF ALLEGED

2 VIOLATIONS.

3 The procedure for consideration of alleged violations

4 (other than violations to which the procedures described

5 in section 10 apply) consists of 4 steps as follows:

6 (1) Step I, counseling, as set forth in section 6.

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

8 7.

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

10 a hearing board, as set forth in section 8.

11 (4) Step IV, judicial review of a hearing board

12 decision, as set forth in section 9.

13 SEC. 6. STEP I: COUNSELING.

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

15 a violation may request counseling by the Office. The Of16 fice shall provide the employee with all relevant informa17 tion with respect to the rights of the employee. A request

18 for counseling shall be made not later than 180 days after

19 the alleged violation forming the basis of the request for

20 counseling occurred.

21 (b) PERIOD OF COUNSELING.—The period for coun22 seling shall be 30 days unless the employee and the Office

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

24 date the request for counseling is received.

25 (c) EMPLOYEES OF THE ARCHITECT OF THE CAP26 ITOL AND CAPITOL POLICE.—In the case of an employee
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1 of the Architect of the Capitol or an employee who is a

2 member of the Capitol Police, the Director may refer the

3 employee to the Architect of the Capitol or the Capitol

4 Police Board for resolution of the employee’s complaint

5 through the internal grievance procedures of the Architect

6 of the Capitol or the Capitol Police Board for a specific

7 period of time, which shall not count against the time

8 available for counseling or mediation under this Act.

9 SEC. 7. STEP II: MEDIATION.

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

11 end of the counseling period under section 6, the employee

12 who alleged a violation may file a request for mediation

13 with the Office, which mediation—

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

15 employing office, and individuals who are rec16 ommended to the Director by the Federal Mediation

17 and Conciliation Service; and

18 (2) shall be a process involving meetings with

19 the parties separately or jointly for the purpose of

20 resolving the dispute between the employee and the

21 employing office.

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

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

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

25 at the discretion of the Office. The Office shall notify the
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1 employee and the head of the employing office when the

2 mediation period has ended.

3 SEC. 8. STEP III: FORMAL COMPLAINT AND HEARING.

4 (a) FORMAL COMPLAINT AND REQUEST FOR HEAR5 ING.—Not later than 30 days after receipt by the congres6 sional employee of notice from the Office of the end of

7 the mediation period under section 7, the congressional

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

9 complaint may be filed unless the employee has made a

10 timely request for counseling and has completed the proce11 dures set forth in sections 6 and 7.

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

13 hearing officers (referred to in this Act as a ‘‘hearing

14 board’’), who are not Members of the House of Represent15 atives, Senators, or congressional employees, chosen by the

16 Board of Directors (one of whom shall be designated by

17 the Board of Directors as the presiding hearing officer)

18 shall be assigned to consider each complaint filed under

19 subsection (a). The Board of Directors shall appoint hear20 ing officers after considering any candidates who are rec21 ommended to the Director by the Federal Mediation and

22 Conciliation Service, the Administrative Conference of the

23 United States, or organizations composed primarily of in24 dividuals experienced in adjudicating or arbitrating per25 sonnel matters. A hearing board shall act by majority vote.
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1 (c) DISMISSAL OF FRIVOLOUS CLAIMS.—Prior to a

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

3 any claim that it finds to be frivolous.

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

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

6 board;

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

8 complaint under subsection (a), except that the Of9 fice may, for good cause, extend up to an additional

10 60 days the time for conducting a hearing; and

11 (3) except as specifically provided in this Act

12 and to the greatest extent practicable, in accordance

13 with the principles and procedures set forth in sec14 tions 554 through 557 of title 5, United States

15 Code.

16 (e) DISCOVERY.—Reasonable prehearing discovery

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

18 (f) SUBPOENA POWER.—

19 (1) IN GENERAL.—A hearing board may au20 thorize subpoenas, which shall be issued by the pre21 siding hearing officer on behalf of the hearing board,

22 for the attendance of witnesses at proceedings of the

23 hearing board and for the production of correspond24 ence, books, papers, documents, and other records.

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

2 United States.

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

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

9 matter under investigation. The application may be

10 made within the judicial district where the hearing

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

12 or transacts business. Any failure to obey the order

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

14 contempt.

15 (3) SERVICE OF SUBPOENAS.—The subpoenas

16 of the hearing board shall be served in the manner

17 provided for subpoenas issued by a United States

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

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

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

23 which the person required to be served resides or

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

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

4 of witnesses).

5 (g) DECISION.—As expeditiously as possible, but in

6 no case more than 45 days after the conclusion of the

7 hearing, the hearing board shall make a recommendation

8 to the Office for a decision in the matter for which the

9 hearing was held. The decision of the Office shall be trans10 mitted by the Office to the employee and the employing

11 office. The decision shall state the issues raised by the

12 complaint, describe the evidence in the record, and contain

13 a determination as to whether a violation has occurred.

14 Any decision of the Office shall contain a written state15 ment of the reasons for the Office’s decision.

16 (h) REMEDY ORDER.—If the Office determines that

17 a violation has occurred, it shall order such remedies as

18 are authorized under the regulations promulgated under

19 section 4. The Office shall have no authority to award pu20 nitive damages. The entry of an order under this sub21 section shall constitute a final decision for purposes of ju22 dicial review under section 9.

23 SEC. 9. JUDICIAL REVIEW.

24 (a) IN GENERAL.—Any congressional employee ag25 grieved by a dismissal under section 8(c), a final decision
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1 under section 8(g), or an order under section 8(h), or any

2 Member of the House of Representatives or Senator ag3 grieved by a final decision under section 8(g) or who would

4 be subject to an order issued under section 8(h), may peti5 tion for review by the United States Court of Appeals for

6 the Federal Circuit.

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

8 United States Code, shall apply to a review under sub9 section (a) except that—

10 (1) with respect to section 2344 of title 28,

11 United States Code, service of the petition shall be

12 on the House or Senate Legal Counsel, as the case

13 may be, rather than on the Attorney General;

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

15 United States Code, on the authority of the Attorney

16 General, shall not apply;

17 (3) the petition for review shall be filed not

18 later than 90 days after the entry in the Office of

19 a final decision under section 8(g) or order under

20 section 8(h);

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

22 term is used in chapter 158 of title 28, United

23 States Code; and

24 (5) the Office shall be the respondent in any

25 proceeding under subsection (a).
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1 (c) STANDARD OF REVIEW.—To the extent necessary

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

3 relevant questions of law and interpret constitutional and

4 statutory provisions. The court shall set aside a final deci5 sion under section 8(g) or order under section 8(h) if it

6 is determined that the decision or order was—

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

8 or otherwise not consistent with law;

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

11 (3) unsupported by substantial evidence.

12 In making the foregoing determinations, the court shall

13 review the whole record, or those parts of it cited by a

14 party, and due account shall be taken of the rule of preju15 dicial error. The record on review shall include the record

16 before the hearing board, the decision of the hearing

17 board, and the order of the hearing board.

18 (d) ATTORNEY’S FEES.—If a congressional employee

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

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

21 with the standards prescribed under section 706(k) of the

22 Civil Rights Act of 1964 (42 U.S.C. 2000e–5(k)).

23 SEC. 10. INFORMATION REQUIREMENTS.

24 (a) IN GENERAL.—For the purposes of this Act, and

25 all regulations issued under this Act, section 552 of title
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1 5, United States Code (commonly known as the ‘‘Freedom

2 of Information Act’’), section 552a of title 5, United

3 States Code, (commonly known as the ‘‘Privacy Act of

4 1974’’) and all similar provisions relating to the availabil5 ity of information to the public, shall apply to any office

6 of the legislative branch of the Federal Government (in7 cluding any Committee of the House of Representatives

8 or of the Senate, and any Joint Committee of Congress),

9 and the information in the possession of such office, unless

10 specifically exempted under this section.

11 (b) EXEMPTIONS.—

12 (1) TOTAL EXEMPTION.—The provisions de13 scribed in subsection (a) shall not apply to the fol14 lowing offices, or to any information in the posses15 sion of any of the following offices:

16 (A) The offices of the Legal Counsel of the

17 House of Representatives or of the Senate.

18 (B) The offices of the Attending Physi19 cians of the House of Representatives or of the

20 Senate.

21 (C) The Congressional Federal Credit

22 Union and the United States Senate Employees

23 Federal Credit Union.

24 (D) The escort assistance division of the

25 Capitol Police.
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1 (E) Any staff organization.

2 (F) Any other office to which the Office of

3 Compliance determines that the provisions shall

4 not apply.

5 (2) PARTIAL EXEMPTION.—

6 (A) COVERED INFORMATION.—The provi7 sions described in subsection (a) shall apply to

8 the offices described in subparagraph (B) and

9 all information in the possession of the offices

10 described in subparagraph (B) to the same ex11 tent as such provisions apply to the President

12 and the Federal judicial branch, and all infor13 mation in their possession, except that such

14 provisions shall apply with respect to—

15 (i) the disclosure of personnel files of

16 such offices to an individual described in

17 subparagraph (A) or (C) of section 17(4)

18 who is the subject of the files, pursuant to

19 such regulations as the Office of Compli20 ance may issue;

21 (ii) administrative staff manuals of

22 such offices; and

23 (iii) descriptions of the staff organiza24 tion, the staff positions, and the total an-
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1 nual budgets for staff and the total annual

2 official expenditures, of such offices.

3 (B) OFFICES.—The offices referred to in

4 subparagraph (A) shall consist of:

5 (i) The personal offices of Members of

6 the House of Representatives or of Mem7 bers of the Senate.

8 (ii) The offices of the President pro

9 tempore of the Senate, the President of the

10 Senate, or the Majority Leader of the

11 House of Representatives.

12 (iii) The offices and support organiza13 tions of the leaders of the House of Rep14 resentatives, or of the Senate.

15 (iv) The offices of any caucus or par16 tisan organization related to the Congress.

17 (v) The offices of the Secretary of the

18 Senate.

19 (vi) The offices of the Legislative

20 Counsel of the House of Representatives or

21 of the Senate.

22 (vii) The General Accounting Office.

23 (viii) The Office of Legislative Oper24 ations of the House of Representatives.
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1 (ix) The office of the Parliamentarian

2 of the House of Representatives.

3 (x) The offices of the Doorkeepers of

4 the House of Representatives or of the

5 Senate.

6 (xi) The offices of the Clerks of the

7 House of Representatives or of the Senate.

8 (xii) The offices of the General Coun9 sel of the House of Representatives.

10 (xiii) The Office of Legislative Infor11 mation of the House of Representatives.

12 (xiv) Any other office to which the Of13 fice of Compliance determines that sub14 paragraph (A) shall apply.

15 (c) REGULATIONS.—

16 (1) IN GENERAL.—The Office of Compliance

17 shall propose, under the procedures described in sec18 tion 4, regulations for the application of any provi19 sions described in subsection (a) to offices of the leg20 islative branch and information in the possession of

21 such offices.

22 (2) EXCLUSIONS.—In proposing regulations

23 under paragraph (1), the Office of Compliance shall

24 propose regulations to exclude from production docu25 ments relating to national security, sensitive tech-
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1 nologies, trade secrets, privileged commercial infor2 mation, law enforcement, and criminal or civil pro3 ceedings.

4 (3) PROCEDURES.—In proposing such regula5 tions under paragraph (1), the Office of Compliance

6 shall propose regulations that specify the procedure

7 for consideration of alleged violations of the provi8 sions described in subsection (a) by the Office of

9 Compliance. Such regulations shall provide, at a

10 minimum, for procedures similar to the procedures

11 described in subsections (a), (b), (c), and (d) of sec12 tion 8.

13 (d) REVIEW.—Any petitioner seeking information

14 from an office of the legislative branch of the Federal Gov15 ernment, or any such office, that is aggrieved by a final

16 decision of the Office of Compliance under the procedures

17 described in subsection (c)(3), may petition for review of

18 the decision by the District Court of the United States

19 for the District of Columbia. Such review shall be con20 ducted in accordance with subparagraphs (B), (C), (E),

21 (F), and (G) of section 552(a) of title 5, United States

22 Code.

23 SEC. 11. RESOLUTION OF COMPLAINT.

24 If, after a formal complaint is filed under section 8,

25 or under the regulations described in section 10(c)(3), the
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1 employee and the head of the employing office resolve the

2 issues involved, the employee may withdraw the complaint

3 or the parties may enter into a written agreement, subject

4 to the approval of the Director.

5 SEC. 12. PROHIBITION OF INTIMIDATION.

6 (a) HOUSE OF REPRESENTATIVES.—Any intimida7 tion of, or reprisal against, an employee of the House of

8 Representatives by any Member, officer, or employee of

9 the House of Representatives, or by the Architect of the

10 Capitol, or anyone employed by the Architect of the Cap11 itol, as the case may be, because of the exercise of a right

12 under this Act constitutes an unlawful employment prac13 tice, which may be remedied in the same manner under

14 this Act as is a violation.

15 (b) SENATE.—Any intimidation of, or reprisal

16 against, an employee of the Senate by any Member, offi17 cer, or employee of the Senate, or by the Architect of the

18 Capitol, or anyone employed by the Architect of the Cap19 itol, as the case may be, because of the exercise of a right

20 under this Act constitutes an unlawful employment prac21 tice, which may be remedied in the same manner under

22 this Act as is a violation.

23 SEC. 13. CONFIDENTIALITY.

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

25 confidential except that the Office and the employee may
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1 agree to notify the head of the employing office of the alle2 gations.

3 (b) MEDIATION.—All mediation shall be strictly con4 fidential.

5 (c) HEARINGS.—Except as provided in subsection

6 (d), the hearings, deliberations, and decisions of the hear7 ing board shall be confidential.

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

9 The records and decisions of hearing boards, and the deci10 sions of the Office, may be made public if required for

11 the purpose of judicial review under section 9 or section

12 10(d).

13 SEC. 14. POLITICAL AFFILIATION AND PLACE OF RESI14 DENCE.

15 (a) IN GENERAL.—It shall not be a violation to con16 sider the—

17 (1) party affiliation;

18 (2) domicile; or

19 (3) political compatibility with the employing

20 office,

21 of an employee with respect to employment decisions.

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

23 the term ‘‘employee’’ means—
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1 (1) a congressional employee on the staff of the

2 leadership of the House of Representatives or the

3 leadership of the Senate;

4 (2) a congressional employee on the staff of a

5 committee or subcommittee of—

6 (A) the House of Representatives; or

7 (B) the Senate;

8 (3) a congressional employee on the staff of a

9 Member of the House of Representatives or on the

10 staff of a Senator;

11 (4) an officer of the House of Representatives

12 or Senate, or a congressional employee, who is elect13 ed by the House of Representatives or Senate or is

14 appointed by a Member of the House of Representa15 tives or by a Senator, other than an employee de16 scribed in paragraph (1), (2), or (3); or

17 (5) an applicant for a position that is to be oc18 cupied by an individual described in paragraphs (1)

19 through (4).

20 SEC. 15. OTHER REVIEW.

21 No Congressional employee may commence a judicial

22 proceeding to redress practices prohibited under section

23 4, except as provided in this Act.

24 SEC. 16. TECHNICAL AND CONFORMING AMENDMENTS.

25 (a) CIVIL RIGHTS ACT OF 1991.—
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1 (1) PRESIDENTIAL AND STATE EMPLOYEES.—

2 Sections 301 and 302 of the Government Employee

3 Rights Act of 1991 (2 U.S.C. 1201 and 1202) are

4 amended to read as follows:

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

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

7 ‘Government Employee Rights Act of 1991’.

8 ‘‘(b) PURPOSE.—The purpose of this title is to pro9 vide procedures to protect the right of certain government

10 employees, with respect to their public employment, to be

11 free of discrimination on the basis of race, color, religion,

12 sex, national origin, age, or disability.

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

14 term ‘violation’ means a practice that violates section 302

15 of this title.

16 ‘‘SEC. 302. DISCRIMINATORY PRACTICES PROHIBITED.

17 ‘‘All personnel actions affecting the appointees de18 scribed in section 303(a)(1) or the individuals described

19 in section 304(a) shall be made free from any discrimina20 tion based on—

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

22 within the meaning of section 717 of the Civil

23 Rights Act of 1964 (42 U.S.C. 2000e–16);
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1 ‘‘(2) age, within the meaning of section 15 of

2 the Age Discrimination in Employment Act of 1967

3 (29 U.S.C. 633a); or

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

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

6 U.S.C. 791) and sections 102–104 of the Americans

7 with Disabilities Act of 1990 (42 U.S.C. 12112–

8 14).’’.

9 (2) REPEALS.—Section 117, sections 303

10 through 319, and sections 322, 324, and 325 of the

11 Civil Rights Act of 1991 (2 U.S.C. 60l, and 1203

12 et seq.) are repealed.

13 (3) REDESIGNATION.—Sections 320 and 321 of

14 the Civil Rights Act of 1991 (2 U.S.C. 1219 and

15 1220) are redesignated as sections 303 and 304, re16 spectively.

17 (b) RULE OF THE HOUSE OF REPRESENTATIVES.—

18 Rule LI of the House of Representatives is repealed.

19 (c) FAIR LABOR STANDARDS AMENDMENTS OF

20 1989.—Section 8 of the Fair Labor Standards Amend21 ments of 1989 (29 U.S.C. 60k) is repealed.

22 (d) FAMILY AND MEDICAL LEAVE ACT OF 1993.—

23 Title V of the Family and Medical Leave Act of 1993 (2

24 U.S.C. 60m et seq.) is repealed.
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1 SEC. 17. DEFINITIONS.

2 As used in this Act:

3 (1) CONGRESSIONAL EMPLOYEE.—The term

4 ‘‘congressional employee’’ means—

5 (A) an employee of the House of Rep6 resentatives;

7 (B) an employee of the Senate; and

8 (C) an employee of an instrumentality.

9 (2) EMPLOYEE OF AN INSTRUMENTALITY.—

10 The term ‘‘employee of an instrumentality’’ means—

11 (A) an employee of the Architect of the

12 Capitol (except an employee described in para13 graph (3) or (4)(B)), the Congressional Budget

14 Office, the General Accounting Office, the Gov15 ernment Printing Office, the Library of Con16 gress, the Office of Technology Assessment, or

17 the United States Botanic Garden;

18 (B) any applicant for a position that will

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

20 by an individual described in subparagraph (A);

21 or

22 (C) any individual who was formerly an

23 employee described in subparagraph (A) and

24 whose claim of a violation arises out of the em25 ployment of the individual by an instrumental26 ity described in subparagraph (A).
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1 (3) EMPLOYEE OF THE HOUSE OF REPRESENT2 ATIVES.—The term ‘‘employee of the House of Rep3 resentatives’’ means an individual who was eligible

4 to file a formal complaint with the Office of Fair

5 Employment Practice of the House of Representa6 tives under clause 6 of rule LI of the House of Rep7 resentatives, as in effect on the day before the date

8 of enactment of this Act.

9 (4) EMPLOYEE OF THE SENATE.—The term

10 ‘‘employee of the Senate’’ means—

11 (A) any employee whose pay is disbursed

12 by the Secretary of the Senate;

13 (B) any employee of the Architect of the

14 Capitol who is assigned to the Senate Res15 taurants or to the Superintendent of the Senate

16 Office Buildings;

17 (C) any applicant for a position that will

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

19 by an individual described in subparagraph (A)

20 or (B); or

21 (D) any individual who was formerly an

22 employee described in subparagraph (A) or (B)

23 and whose claim of a violation arises out of the

24 individual’s Senate employment.
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1 (5) EMPLOYING OFFICE.—The term ‘‘employing

2 office’’ means the office headed by a head of an em3 ploying office.

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

5 term ‘‘head of an employing office’’ means the indi6 vidual who has final authority to appoint, hire, dis7 charge, and set the terms, conditions or privileges of

8 the Senate employment of an employee.

9 (7) VIOLATION.—The term ‘‘violation’’ means a

10 violation of a regulation that takes effect under sec11 tion 4(c).

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