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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 1439 Introduced in Senate (IS)]

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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Congressional Accountability Act''.

SEC. 2. APPLICATION OF FEDERAL LAWS.

    (a) Employment.--Any provision of Federal law shall, to the extent 
that the provision relates to--
            (1) the terms and conditions of employment (including 
        hiring, promotion or demotion, salary or wages, overtime 
        compensation, benefits, work assignments or reassignments, 
        termination, and family or medical leave) of employees;
            (2) protection from discrimination in personnel actions, 
        including discrimination based on--
                    (A) race, color, religion, sex (including marital 
                and parental status), or national origin, within the 
                meaning of section 717 of the Civil Rights Act of 1964 
                (42 U.S.C. 2000e-16);
                    (B) age, within the meaning of section 15 of the 
                Age Discrimination in Employment Act of 1967 (29 U.S.C. 
                633a); or
                    (C) handicap or disability, within the meaning of 
                section 501 of the Rehabilitation Act of 1973 (29 
                U.S.C. 791) and sections 102 through 104 of the 
                Americans with Disabilities Act of 1990 (42 U.S.C. 
                12112-14); or
            (3) the health and safety of employees,
apply, except as otherwise specifically provided in this Act, to each 
employing office and each congressional employee, in accordance with 
section 4.
    (b) Information.--Any provision of Federal law, including section 
552 of title 5, United States Code (commonly known as the ``Freedom of 
Information Act''), and section 552a of title 5, United States Code, 
(commonly known as the ``Privacy Act of 1974'') shall, to the extent 
the provision relates to the availability of information to the public, 
apply, except as otherwise specifically provided in this Act, to each 
office of the legislative branch of the Federal Government and the 
information in the possession of such office, in accordance with 
section 4.

SEC. 3. OFFICE OF COMPLIANCE.

    (a) Establishment.--There is established in the legislative branch 
for the Congress an Office of Compliance (referred to in this Act as 
the ``Office'').
    (b) Board of Directors.--
            (1) In general.--There shall be a Board of Directors in the 
        Office. The Board of Directors shall consist of 13 individuals 
        appointed jointly by the Speaker of the House of 
        Representatives, the Majority Leader of the Senate, and the 
        Minority Leaders of the House of Representatives and the 
        Senate. The members first appointed to the Board of Directors 
        shall be appointed not later than 120 days after the date of 
        the enactment of this Act.
            (2) Qualifications.--
                    (A) In general.--The Board of Directors shall be 
                composed of--
                            (i) 7 individuals with training or 
                        expertise in employment in the Congress, and in 
                        the application of the provisions referred to 
                        in section 2, including--
                                    (I) at least 1 such individual with 
                                training or expertise in the 
                                application of the provisions referred 
                                to in section 2(b) to requests for 
                                information;
                                    (II) at least 1 such individual 
                                with training or expertise in the 
                                application of the provisions described 
                                in section 2(a)(1) to employment;
                                    (III) at least 1 such individual 
                                with training or expertise in the 
                                application of the provisions described 
                                in section 2(a)(2) to employment; and
                                    (IV) at least 1 such individual 
                                with training or expertise in the 
                                application of the provisions described 
                                in section 2(a)(3) to employment; and
                            (ii) 2 Members of the House of 
                        Representatives, 2 Senators, 1 employee of the 
                        House of Representatives, and 1 employee of the 
                        Senate.
                    (B) Specific qualifications.--
                            (i) Lobbying.--No individual who engages 
                        in, or is otherwise employed in, lobbying of 
                        the Congress shall be considered eligible for 
                        appointment to, or service on, the Board of 
                        Directors.
                            (ii) Office.--No Member of the House of 
                        Representatives, Senator, or congressional 
                        employee may be appointed as a member of the 
                        Board of Directors under subparagraph (A)(i).
            (3) Political affiliation.--Not more than one Member of the 
        House of Representatives who is a member of the Board of 
        Directors and not more than one Senator who is a member of the 
        Board of Directors may be of the same political party.
            (4) Holding office.--If during a term of office a member of 
        the Board of Directors appointed under paragraph (2)(A)(ii) on 
        the basis of an office or position described in such paragraph 
        no longer holds the office or position or a member of the Board 
        of Directors engages in an activity described in paragraph 
        (2)(B)(i), the position on the Board of Directors held by the 
        member involved shall be declared vacant by the appointing 
        authorities described in paragraph (1) and a successor shall be 
        selected in accordance with paragraph (2).
            (5) Vacancies.--Any vacancy occurring in the membership of 
        the Board of Directors shall be filled in the same manner as 
        the original appointment for the position being vacated. The 
        vacancy shall not affect the power of the remaining members to 
        execute the duties of the Board of Directors.
    (c) Authority.--
            (1) In general.--The 13 members of the Board of Directors 
        appointed under subsection (b)(1) shall have the authority to 
        carry out the functions described in subsections (a), (b), (d), 
        and (e) of section 4.
            (2) Limited authority.--The 6 members of the Board of 
        Directors appointed under subsection (b)(2)(A)(ii) shall have 
        no authority to carry out the functions of the Office under 
        sections 5 through 9 or sections 11 through 13 or under the 
        regulations issued in accordance with section 10(c)(3).
    (d) Term of Office.--
            (1) In general.--Except as provided in paragraph (2), 
        members of the Board of Directors shall be appointed for terms 
        of 5 years.
            (2) First appointments.--Of the members first appointed to 
        the Board of Directors--
                    (A) 3 shall be appointed to a term of 1 year;
                    (B) 3 shall be appointed to a term of 2 years;
                    (C) 3 shall be appointed to a term of 3 years;
                    (D) 3 shall be appointed to a term of 4 years; and
                    (E) 3 shall be appointed to a term of 5 years,
        as jointly designated at the time of appointment by the 
        appointing authorities describe in subsection (b)(1).
    (e) Chairperson.--The Board of Directors shall elect a Chairperson 
from among the members of the Board.
    (f) Basic Pay.--Members of the Board of Directors who are not 
officers or employees of the United States shall serve without 
compensation. All members of the Board of Directors who are officers or 
employees of the United States shall serve without compensation in 
addition to that received for their services as officers or employees 
of the United States.
    (g) Travel Expenses.--Each member of the Board of Directors shall 
receive travel expenses, including per diem in lieu of subsistence, at 
rates authorized for employees of agencies under subchapter I of 
chapter 57 of title 5, United States Code, for each day the member is 
engaged in the performance of duties away from the home or regular 
place of business of the member.
    (h) Staff.--The Office may appoint and fix the compensation of such 
staff, including hearing officers, as are necessary to carry out the 
Board of Director's functions.
    (i)  Detailees.--The Office may, with the prior consent of the 
Government department or agency concerned, use on a reimbursable or 
nonreimbursable basis the services of any such department or agency, 
including the services of members or personnel of the General 
Accounting Office Personnel Appeals Board.
    (j)  Consultants.--In carrying out the functions of the Office, the 
Office may procure the temporary (not to exceed 1 year) or intermittent 
services of individual consultants, or organizations thereof.

SEC. 4. BOARD FUNCTIONS.

    (a) Initial Action.--
            (1) Study.--The Board of Directors shall conduct a study of 
        the application to Congress of the provisions referred to in 
        section 2. The Board of Directors shall complete such study and 
        submit to Congress a report containing the results of the study 
        not later than 180 days after the date of the enactment of this 
        Act.
            (2) Regulations.--Not later than 180 days after the date of 
        the completion of the study under subsection (a), the Board of 
        Directors shall, in accordance with section 553 of title 5, 
        United States Code, propose regulations that specify which of 
        such provisions shall apply to Congress, which regulations--
                    (A) shall take into account the costs associated 
                with the application of such provisions to the 
                Congress;
                    (B) shall be consistent with the portions of such 
                provisions, including portions relating to remedies, 
                that apply to employees of the United States, except as 
                otherwise specifically provided; and
                    (C) may specify specific dates for the application 
                of specific provisions and may specify specific means 
                for the application of such provisions.
    (b) Continuing Action.--On an ongoing basis the Board of 
Directors--
            (1) shall study the application to the Congress of 
        provisions referred to in section 2 that are enacted after the 
        date of the enactment of this Act; and
            (2) may propose regulations with respect to such provisions 
        in accordance with subsection (a)(2).
    (c) Congressional Approval.--
            (1) In general.--Regulations proposed by the Board of 
        Directors under subsection (a) or (b) shall not take effect 
        unless approved by the Congress by concurrent resolution under 
        this subsection.
            (2) Rulemaking.--The provisions of this subsection are 
        enacted by the Congress--
                    (A) with respect to the application of this 
                subsection to regulations affecting employees of the 
                House of Representatives--
                            (i) as an exercise of the rulemaking power 
                        of the House of Representatives, and as such 
                        are deemed a part of the rules of the House, 
                        but applicable only with respect to the 
                        procedure to be followed in the House in the 
                        case of concurrent resolutions of regulation 
                        approval, and such provisions supersede other 
                        rules of the House only to the extent that they 
                        are inconsistent with such other rules; and
                            (ii) with full recognition of the 
                        constitutional right of the House to change the 
                        rules (so far as relating to the procedure of 
                        the House) at any time, in the same manner and 
                        to the same extent as in the case of any other 
                        rule of the House; and
                    (B) with respect to the application of this 
                subsection to regulations affecting employees of the 
                Senate, as an exercise of the rulemaking power of the 
                Senate, with full recognition of the right of the 
                Senate to change its rules, in the same manner, and to 
                the same extent, as in the case of any other rule of 
                the Senate.
            (3) Referral.--
                    (A) House of representatives.--Concurrent 
                resolutions relating to approval of regulations 
                proposed under subsection (a) or (b) (referred to in 
                this section as a ``concurrent resolution of regulation 
                approval'') shall, upon introduction in the House of 
                Representatives, be immediately referred by the Speaker 
                of the House to the appropriate committee or committees 
                of the House. Any such concurrent resolution received 
                from the Senate shall be held at the Speaker's table.
                    (B) Senate.--Concurrent resolutions of regulation 
                approval shall, upon introduction in the Senate be 
                immediately referred by the Presiding Officer of the 
                Senate to the appropriate committee or committees of 
                the Senate. Any such concurrent resolution received 
                from the House of Representatives shall be held at the 
                desk.
            (4) Committee consideration.--
                    (A) House of representatives.--Upon the expiration 
                of 6 days of continuous session after the introduction 
                of the first concurrent resolution of regulation 
                approval with respect to any regulation, each committee 
                to which such concurrent resolution was referred shall 
                be discharged from further consideration of such 
                concurrent resolution, and such concurrent resolution 
                shall be referred to the appropriate calendar, unless 
                such concurrent resolution or an identical resolution 
                was previously reported by each committee to which the 
                concurrent resolution was referred.
                    (B) Senate.--Upon the expiration of 6 days of 
                continuous session after the introduction of the first 
                concurrent resolution of regulation approval with 
                respect to any regulation, each committee to which such 
                concurrent resolution was referred shall be discharged 
                from further consideration of such concurrent 
                resolution, and such concurrent resolution shall be 
                placed on the calendar, unless such concurrent 
                resolution or an identical resolution was previously 
                reported by each committee to which the concurrent 
                resolution was referred.
            (5) Consideration.--
                    (A) House of representatives.--It shall be in order 
                for the Speaker to recognize a Member of the House of 
                Representatives favoring a concurrent resolution of 
                regulation approval to call up the concurrent 
                resolution after it has been on the appropriate 
                calendar for 5 legislative days. When any such 
                concurrent resolution is called up, the House shall 
                proceed to its immediate consideration and the Speaker 
                shall recognize the Member calling up such concurrent 
                resolution and a Member opposed to such concurrent 
                resolution for 1 hour of debate in the House, to be 
                equally divided and controlled by such Members. When 
                such time has expired, the previous question shall be 
                considered as ordered on the concurrent resolution to 
                adoption without intervening motion. No amendment to 
                any such concurrent resolution shall be in order, nor 
                shall it be in order to move to reconsider the vote by 
                which such resolution is agreed to or disagreed to.
                    (B) Senate.--It shall be in order for the Presiding 
                Officer to recognize a Senator favoring a concurrent 
                resolution of regulation approval to call up the 
                concurrent resolution after it has been on the calendar 
                for 5 legislative days. When any such concurrent 
                resolution is called up, the House shall proceed to its 
                immediate consideration and the Speaker shall recognize 
                the Senator calling up such concurrent resolution and a 
                Senator opposed to such concurrent resolution for 1 
                hour of debate in the House, to be equally divided and 
                controlled by such Senators. When such time has 
                expired, the Senate shall proceed without any 
                intervening action to vote on the concurrent 
                resolution. No amendment to any such concurrent 
                resolution shall be in order, nor shall it be in order 
                to move to reconsider the vote by which such resolution 
                is agreed to or disagreed to.
            (6) Concurrent resolution from another house.--
                    (A) House of representatives.--If the House 
                receives from the Senate a concurrent resolution of 
                regulation approval with respect to any regulation 
                approval, then the following procedures shall apply:
                            (i) The concurrent resolution of the Senate 
                        with respect to such regulation approval shall 
                        not be referred to a committee.
                            (ii) With respect to the concurrent 
                        resolution of the House with respect to such 
                        regulation the procedure with respect to that 
                        or other concurrent resolutions of the House 
                        with respect to such regulation approval shall 
                        be the same as if no resolution from the Senate 
                        with respect to such regulation had been 
                        received. On any vote on final passage a 
                        concurrent resolution of the House with respect 
                        to such regulation, a resolution from the 
                        Senate with respect to such regulation where 
                        the text is identical shall be automatically 
                        substituted for the resolution of the House.
                    (B) Senate.--If the Senate receives from the House 
                of Representatives a concurrent resolution of 
                regulation approval with respect to any regulation 
                approval, then the following procedures shall apply:
                            (i) The concurrent resolution of the House 
                        of Representatives with respect to such 
                        regulation approval shall not be referred to a 
                        committee.
                            (ii) With respect to the concurrent 
                        resolution of the Senate with respect to such 
                        regulation the procedure with respect to that 
                        or other concurrent resolutions of the Senate 
                        with respect to such regulation approval shall 
                        be the same as if no resolution from the House 
                        of Representatives with respect to such 
                        regulation had been received. On any vote on 
                        final passage a concurrent resolution of the 
                        Senate with respect to such regulation, a 
                        resolution from the House of Representatives 
                        with respect to such regulation where the text 
                        is identical shall be automatically substituted 
                        for the resolution of the Senate.
            (7) Computation of days.--For purposes of this section--
                    (A) continuity of session of Congress is broken 
                only by an adjournment sine die; and
                    (B) the days on which either House is not in 
                session because of an adjournment of more than 3 days 
                to a day certain are excluded in the computation of the 
                60-day period referred to in paragraph (4).
    (d) Rules of the Office.--The Office shall adopt rules governing 
the procedures of the Office, including the procedures of hearing 
boards, which rules shall be submitted for publication in the 
Congressional Record. The rules may be amended in the same manner. The 
Board of Directors may consult with the Chairman of the Administrative 
Conference of the United States on the adoption of rules.
    (e) Information Program.--The Board of Directors shall carry out 
such information program as may be appropriate to inform Members of the 
House of Representatives, Senators, congressional employees, and heads 
of employing offices as to the provisions, including remedies, of the 
provisions made applicable to the Congress under subsection (a) or (b).

SEC. 5. PROCEDURE FOR CONSIDERATION OF ALLEGED VIOLATIONS.

    The procedure for consideration of alleged violations (other than 
violations to which the procedures described in section 10 apply) 
consists of 4 steps as follows:
            (1) Step I, counseling, as set forth in section 6.
            (2) Step II, mediation, as set forth in section 7.
            (3) Step III, formal complaint and hearing by a hearing 
        board, as set forth in section 8.
            (4) Step IV, judicial review of a hearing board decision, 
        as set forth in section 9.

SEC. 6. STEP I: COUNSELING.

    (a) In General.--A congressional employee alleging a violation may 
request counseling by the Office. The Office shall provide the employee 
with all relevant information with respect to the rights of the 
employee. A request for counseling shall be made not later than 180 
days after the alleged violation forming the basis of the request for 
counseling occurred.
    (b) Period of Counseling.--The period for counseling shall be 30 
days unless the employee and the Office agree to reduce the period. The 
period shall begin on the date the request for counseling is received.
    (c) Employees of the Architect of the Capitol and Capitol Police.--
In the case of an employee of the Architect of the Capitol or an 
employee who is a member of the Capitol Police, the Director may refer 
the employee to the Architect of the Capitol or the Capitol Police 
Board for resolution of the employee's complaint through the internal 
grievance procedures of the Architect of the Capitol or the Capitol 
Police Board for a specific period of time, which shall not count 
against the time available for counseling or mediation under this Act.

SEC. 7. STEP II: MEDIATION.

    (a) In General.--Not later than 15 days after the end of the 
counseling period under section 6, the employee who alleged a violation 
may file a request for mediation with the Office, which mediation--
            (1) may include the Office, the employee, the employing 
        office, and individuals who are recommended to the Director by 
        the Federal Mediation and Conciliation Service; and
            (2) shall be a process involving meetings with the parties 
        separately or jointly for the purpose of resolving the dispute 
        between the employee and the employing office.
    (b) Mediation Period.--The mediation period shall be 30 days 
beginning on the date the request for mediation is received and may be 
extended for an additional 30 days at the discretion of the Office. The 
Office shall notify the employee and the head of the employing office 
when the mediation period has ended.

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

    (a) Formal Complaint and Request for Hearing.--Not later than 30 
days after receipt by the congressional employee of notice from the 
Office of the end of the mediation period under section 7, the 
congressional employee may file a formal complaint with the Office. No 
complaint may be filed unless the employee has made a timely request 
for counseling and has completed the procedures set forth in sections 6 
and 7.
    (b) Hearing Board.--A board of 3 independent hearing officers 
(referred to in this Act as a ``hearing board''), who are not Members 
of the House of Representatives, Senators, or congressional employees, 
chosen by the Board of Directors (one of whom shall be designated by 
the Board of Directors as the presiding hearing officer) shall be 
assigned to consider each complaint filed under subsection (a). The 
Board of Directors shall appoint hearing officers after considering any 
candidates who are recommended to the Director by the Federal Mediation 
and Conciliation Service, the Administrative Conference of the United 
States, or organizations composed primarily of individuals experienced 
in adjudicating or arbitrating personnel matters. A hearing board shall 
act by majority vote.
    (c) Dismissal of Frivolous Claims.--Prior to a hearing under 
subsection (d), a hearing board may dismiss any claim that it finds to 
be frivolous.
    (d) Hearing.--A hearing shall be conducted--
            (1) in closed session on the record by a hearing board;
            (2) no later than 30 days after filing of the complaint 
        under subsection (a), except that the Office may, for good 
        cause, extend up to an additional 60 days the time for 
        conducting a hearing; and
            (3) except as specifically provided in this Act and to the 
        greatest extent practicable, in accordance with the principles 
        and procedures set forth in sections 554 through 557 of title 
        5, United States Code.
    (e) Discovery.--Reasonable prehearing discovery may be permitted at 
the discretion of the hearing board.
    (f) Subpoena Power.--
            (1) In general.--A hearing board may authorize subpoenas, 
        which shall be issued by the presiding hearing officer on 
        behalf of the hearing board, for the attendance of witnesses at 
        proceedings of the hearing board and for the production of 
        correspondence, books, papers, documents, and other records. 
        The attendance of witnesses and the production of evidence may 
        be required from any place within the United States.
            (2) Failure to obey a subpoena.--If a person refuses to 
        obey a subpoena issued under paragraph (1), the hearing board 
        may apply to a United States district court for an order 
        requiring that person to appear before the hearing board to 
        give testimony, produce evidence, or both, relating to the 
        matter under investigation. The application may be made within 
        the judicial district where the hearing is conducted or where 
        that person is found, resides, or transacts business. Any 
        failure to obey the order of the court may be punished by the 
        court as civil contempt.
            (3) Service of subpoenas.--The subpoenas of the hearing 
        board shall be served in the manner provided for subpoenas 
        issued by a United States district court under the Federal 
        Rules of Civil Procedure for the United States district courts.
            (4) Service of process.--All process of any court to which 
        application is be made under paragraph (2) may be served in the 
        judicial district in which the person required to be served 
        resides or may be found.
            (5) Immunity.--The hearing board is an agency of the United 
        States for the purpose of part V of title 18, United States 
        Code (relating to immunity of witnesses).
    (g) Decision.--As expeditiously as possible, but in no case more 
than 45 days after the conclusion of the hearing, the hearing board 
shall make a recommendation to the Office for a decision in the matter 
for which the hearing was held. The decision of the Office shall be 
transmitted by the Office to the employee and the employing office. The 
decision shall state the issues raised by the complaint, describe the 
evidence in the record, and contain a determination as to whether a 
violation has occurred. Any decision of the Office shall contain a 
written statement of the reasons for the Office's decision.
    (h) Remedy Order.--If the Office determines that a violation has 
occurred, it shall order such remedies as are authorized under the 
regulations promulgated under section 4. The Office shall have no 
authority to award punitive damages. The entry of an order under this 
subsection shall constitute a final decision for purposes of judicial 
review under section 9.

SEC. 9. JUDICIAL REVIEW.

    (a) In General.--Any congressional employee aggrieved by a 
dismissal under section 8(c), a final decision under section 8(g), or 
an order under section 8(h), or any Member of the House of 
Representatives or Senator aggrieved by a final decision under section 
8(g) or who would be subject to an order issued under section 8(h), may 
petition for review by the United States Court of Appeals for the 
Federal Circuit.
    (b) Law Applicable.--Chapter 158 of title 28, United States Code, 
shall apply to a review under subsection (a) except that--
            (1) with respect to section 2344 of title 28, United States 
        Code, service of the petition shall be on the House or Senate 
        Legal Counsel, as the case may be, rather than on the Attorney 
        General;
            (2) the provisions of section 2348 of title 28, United 
        States Code, on the authority of the Attorney General, shall 
        not apply;
            (3) the petition for review shall be filed not later than 
        90 days after the entry in the Office of a final decision under 
        section 8(g) or order under section 8(h);
            (4) the Office shall be an ``agency'' as that term is used 
        in chapter 158 of title 28, United States Code; and
            (5) the Office shall be the respondent in any proceeding 
        under subsection (a).
    (c) Standard of Review.--To the extent necessary to decision and 
when presented, the court shall decide all relevant questions of law 
and interpret constitutional and statutory provisions. The court shall 
set aside a final decision under section 8(g) or order under section 
8(h) if it is determined that the decision or order was--
            (1) arbitrary, capricious, an abuse of discretion, or 
        otherwise not consistent with law;
            (2) not made consistent with required procedures; or
            (3) unsupported by substantial evidence.
In making the foregoing determinations, the court shall review the 
whole record, or those parts of it cited by a party, and due account 
shall be taken of the rule of prejudicial error. The record on review 
shall include the record before the hearing board, the decision of the 
hearing board, and the order of the hearing board.
    (d) Attorney's Fees.--If a congressional employee is the prevailing 
party in a proceeding under this section, attorney's fees may be 
allowed by the court in accordance with the standards prescribed under 
section 706(k) of the Civil Rights Act of 1964 (42 U.S.C. 2000e-5(k)).

SEC. 10. INFORMATION REQUIREMENTS.

    (a) In General.--For the purposes of this Act, and all regulations 
issued under this Act, section 552 of title 5, United States Code 
(commonly known as the ``Freedom of Information Act''), section 552a of 
title 5, United States Code, (commonly known as the ``Privacy Act of 
1974'') and all similar provisions relating to the availability of 
information to the public, shall apply to any office of the legislative 
branch of the Federal Government (including any Committee of the House 
of Representatives or of the Senate, and any Joint Committee of 
Congress), and the information in the possession of such office, unless 
specifically exempted under this section.
    (b) Exemptions.--
            (1) Total exemption.--The provisions described in 
        subsection (a) shall not apply to the following offices, or to 
        any information in the possession of any of the following 
        offices:
                    (A) The offices of the Legal Counsel of the House 
                of Representatives or of the Senate.
                    (B) The offices of the Attending Physicians of the 
                House of Representatives or of the Senate.
                    (C) The Congressional Federal Credit Union and the 
                United States Senate Employees Federal Credit Union.
                    (D) The escort assistance division of the Capitol 
                Police.
                    (E) Any staff organization.
                    (F) Any other office to which the Office of 
                Compliance determines that the provisions shall not 
                apply.
            (2) Partial exemption.--
                    (A) Covered information.--The provisions described 
                in subsection (a) shall apply to the offices described 
                in subparagraph (B) and all information in the 
                possession of the offices described in subparagraph (B) 
                to the same extent as such provisions apply to the 
                President and the Federal judicial branch, and all 
                information in their possession, except that such 
                provisions shall apply with respect to--
                            (i) the disclosure of personnel files of 
                        such offices to an individual described in 
                        subparagraph (A) or (C) of section 17(4) who is 
                        the subject of the files, pursuant to such 
                        regulations as the Office of Compliance may 
                        issue;
                            (ii) administrative staff manuals of such 
                        offices; and
                            (iii) descriptions of the staff 
                        organization, the staff positions, and the 
                        total annual budgets for staff and the total 
                        annual official expenditures, of such offices.
                    (B) Offices.--The offices referred to in 
                subparagraph (A) shall consist of:
                            (i) The personal offices of Members of the 
                        House of Representatives or of Members of the 
                        Senate.
                            (ii) The offices of the President pro 
                        tempore of the Senate, the President of the 
                        Senate, or the Majority Leader of the House of 
                        Representatives.
                            (iii) The offices and support organizations 
                        of the leaders of the House of Representatives, 
                        or of the Senate.
                            (iv) The offices of any caucus or partisan 
                        organization related to the Congress.
                            (v) The offices of the Secretary of the 
                        Senate.
                            (vi) The offices of the Legislative Counsel 
                        of the House of Representatives or of the 
                        Senate.
                            (vii) The General Accounting Office.
                            (viii) The Office of Legislative Operations 
                        of the House of Representatives.
                            (ix) The office of the Parliamentarian of 
                        the House of Representatives.
                            (x) The offices of the Doorkeepers of the 
                        House of Representatives or of the Senate.
                            (xi) The offices of the Clerks of the House 
                        of Representatives or of the Senate.
                            (xii) The offices of the General Counsel of 
                        the House of Representatives.
                            (xiii) The Office of Legislative 
                        Information of the House of Representatives.
                            (xiv) Any other office to which the Office 
                        of Compliance determines that subparagraph (A) 
                        shall apply.
    (c) Regulations.--
            (1) In general.--The Office of Compliance shall propose, 
        under the procedures described in section 4, regulations for 
        the application of any provisions described in subsection (a) 
        to offices of the legislative branch and information in the 
        possession of such offices.
            (2) Exclusions.--In proposing regulations under paragraph 
        (1), the Office of Compliance shall propose regulations to 
        exclude from production documents relating to national 
        security, sensitive technologies, trade secrets, privileged 
        commercial information, law enforcement, and criminal or civil 
        proceedings.
            (3) Procedures.--In proposing such regulations under 
        paragraph (1), the Office of Compliance shall propose 
        regulations that specify the procedure for consideration of 
        alleged violations of the provisions described in subsection 
        (a) by the Office of Compliance. Such regulations shall 
        provide, at a minimum, for procedures similar to the procedures 
        described in subsections (a), (b), (c), and (d) of section 8.
    (d) Review.--Any petitioner seeking information from an office of 
the legislative branch of the Federal Government, or any such office, 
that is aggrieved by a final decision of the Office of Compliance under 
the procedures described in subsection (c)(3), may petition for review 
of the decision by the District Court of the United States for the 
District of Columbia. Such review shall be conducted in accordance with 
subparagraphs (B), (C), (E), (F), and (G) of section 552(a) of title 5, 
United States Code.

SEC. 11. RESOLUTION OF COMPLAINT.

    If, after a formal complaint is filed under section 8, or under the 
regulations described in section 10(c)(3), the employee and the head of 
the employing office resolve the issues involved, the employee may 
withdraw the complaint or the parties may enter into a written 
agreement, subject to the approval of the Director.

SEC. 12. PROHIBITION OF INTIMIDATION.

    (a) House of Representatives.--Any intimidation of, or reprisal 
against, an employee of the House of Representatives by any Member, 
officer, or employee of the House of Representatives, or by the 
Architect of the Capitol, or anyone employed by the Architect of the 
Capitol, as the case may be, because of the exercise of a right under 
this Act constitutes an unlawful employment practice, which may be 
remedied in the same manner under this Act as is a violation.
    (b) Senate.--Any intimidation of, or reprisal against, an employee 
of the Senate by any Member, officer, or employee of the Senate, or by 
the Architect of the Capitol, or anyone employed by the Architect of 
the Capitol, as the case may be, because of the exercise of a right 
under this Act constitutes an unlawful employment practice, which may 
be remedied in the same manner under this Act as is a violation.

SEC. 13. CONFIDENTIALITY.

    (a) Counseling.--All counseling shall be strictly confidential 
except that the Office and the employee may agree to notify the head of 
the employing office of the allegations.
    (b) Mediation.--All mediation shall be strictly confidential.
    (c) Hearings.--Except as provided in subsection (d), the hearings, 
deliberations, and decisions of the hearing board shall be 
confidential.
    (d) Release of Records for Judicial Review.--The records and 
decisions of hearing boards, and the decisions of the Office, may be 
made public if required for the purpose of judicial review under 
section 9 or section 10(d).

SEC. 14. POLITICAL AFFILIATION AND PLACE OF RESIDENCE.

    (a) In General.--It shall not be a violation to consider the--
            (1) party affiliation;
            (2) domicile; or
            (3) political compatibility with the employing office,
of an employee with respect to employment decisions.
    (b) Definition.--For purposes of subsection (a), the term 
``employee'' means--
            (1) a congressional employee on the staff of the leadership 
        of the House of Representatives or the leadership of the 
        Senate;
            (2) a congressional employee on the staff of a committee or 
        subcommittee of--
                    (A) the House of Representatives; or
                    (B) the Senate;
            (3) a congressional employee on the staff of a Member of 
        the House of Representatives or on the staff of a Senator;
            (4) an officer of the House of Representatives or Senate, 
        or a congressional employee, who is elected by the House of 
        Representatives or Senate or is appointed by a Member of the 
        House of Representatives or by a Senator, other than an 
        employee described in paragraph (1), (2), or (3); or
            (5) an applicant for a position that is to be occupied by 
        an individual described in paragraphs (1) through (4).

SEC. 15. OTHER REVIEW.

    No Congressional employee may commence a judicial proceeding to 
redress practices prohibited under section 4, except as provided in 
this Act.

SEC. 16. TECHNICAL AND CONFORMING AMENDMENTS.

    (a) Civil Rights Act of 1991.--
            (1) Presidential and state employees.--Sections 301 and 302 
        of the Government Employee Rights Act of 1991 (2 U.S.C. 1201 
        and 1202) are amended to read as follows:

``SEC. 301. GOVERNMENT EMPLOYEE RIGHTS ACT OF 1991.

    ``(a) Short Title.--This title may be cited as the `Government 
Employee Rights Act of 1991'.
    ``(b) Purpose.--The purpose of this title is to provide procedures 
to protect the right of certain government employees, with respect to 
their public employment, to be free of discrimination on the basis of 
race, color, religion, sex, national origin, age, or disability.
    ``(c) Definition.--For purposes of this title, the term `violation' 
means a practice that violates section 302 of this title.

``SEC. 302. DISCRIMINATORY PRACTICES PROHIBITED.

    ``All personnel actions affecting the appointees described in 
section 303(a)(1) or the individuals described in section 304(a) shall 
be made free from any discrimination based on--
            ``(1) race, color, religion, sex, or national origin, 
        within the meaning of section 717 of the Civil Rights Act of 
        1964 (42 U.S.C. 2000e-16);
            ``(2) age, within the meaning of section 15 of the Age 
        Discrimination in Employment Act of 1967 (29 U.S.C. 633a); or
            ``(3) handicap or disability, within the meaning of section 
        501 of the Rehabilitation Act of 1973 (29 U.S.C. 791) and 
        sections 102-104 of the Americans with Disabilities Act of 1990 
        (42 U.S.C. 12112-14).''.
            (2) Repeals.--Section 117, sections 303 through 319, and 
        sections 322, 324, and 325 of the Civil Rights Act of 1991 (2 
        U.S.C. 60l, and 1203 et seq.) are repealed.
            (3) Redesignation.--Sections 320 and 321 of the Civil 
        Rights Act of 1991 (2 U.S.C. 1219 and 1220) are redesignated as 
        sections 303 and 304, respectively.
    (b) Rule of the House of Representatives.--Rule LI of the House of 
Representatives is repealed.
    (c) Fair Labor Standards Amendments of 1989.--Section 8 of the Fair 
Labor Standards Amendments of 1989 (29 U.S.C. 60k) is repealed.
    (d) Family and Medical Leave Act of 1993.--Title V of the Family 
and Medical Leave Act of 1993 (2 U.S.C. 60m et seq.) is repealed.

SEC. 17. DEFINITIONS.

    As used in this Act:
            (1) Congressional employee.--The term ``congressional 
        employee'' means--
                    (A) an employee of the House of Representatives;
                    (B) an employee of the Senate; and
                    (C) an employee of an instrumentality.
            (2) Employee of an instrumentality.--The term ``employee of 
        an instrumentality'' means--
                    (A) an employee of the Architect of the Capitol 
                (except an employee described in paragraph (3) or 
                (4)(B)), the Congressional Budget Office, the General 
                Accounting Office, the Government Printing Office, the 
                Library of Congress, the Office of Technology 
                Assessment, or the United States Botanic Garden;
                    (B) any applicant for a position that will last 90 
                days or more and that is to be occupied by an 
                individual described in subparagraph (A); or
                    (C) any individual who was formerly an employee 
                described in subparagraph (A) and whose claim of a 
                violation arises out of the employment of the 
                individual by an instrumentality described in 
                subparagraph (A).
            (3) Employee of the house of representatives.--The term 
        ``employee of the House of Representatives'' means an 
        individual who was eligible to file a formal complaint with the 
        Office of Fair Employment Practice of the House of 
        Representatives under clause 6 of rule LI of the House of 
        Representatives, as in effect on the day before the date of 
        enactment of this Act.
            (4) Employee of the senate.--The term ``employee of the 
        Senate'' means--
                    (A) any employee whose pay is disbursed by the 
                Secretary of the Senate;
                    (B) any employee of the Architect of the Capitol 
                who is assigned to the Senate Restaurants or to the 
                Superintendent of the Senate Office Buildings;
                    (C) any applicant for a position that will last 90 
                days or more and that is to be occupied by an 
                individual described in subparagraph (A) or (B); or
                    (D) any individual who was formerly an employee 
                described in subparagraph (A) or (B) and whose claim of 
                a violation arises out of the individual's Senate 
                employment.
            (5) Employing office.--The term ``employing office'' means 
        the office headed by a head of an employing office.
            (6) Head of an employing office.--The term ``head of an 
        employing office'' means the individual who has final authority 
        to appoint, hire, discharge, and set the terms, conditions or 
        privileges of the Senate employment of an employee.
            (7) Violation.--The term ``violation'' means a violation of 
        a regulation that takes effect under section 4(c).

                                 <all>

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