II

103D CONGRESS

2D SESSION S. 2071

To provide for the application of certain employment protection and

information laws to the Congress, and for other purposes.

IN THE SENATE OF THE UNITED STATES

MAY 4 (legislative day, MAY 2), 1994

Mr. LIEBERMAN (for himself, Mr. GRASSLEY, Mr. CAMPBELL, Mrs. BOXER,

Mr. COHEN, Mr. DECONCINI, Mrs. FEINSTEIN, Mr. KOHL, Mr. METZENBAUM, Ms. MIKULSKI, Ms. MOSELEY-BRAUN, Mr. RIEGLE, Mr. ROBB,

Mr. NICKLES, Mr. WOFFORD, Mr. KERREY, and Mr. GLENN) 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 and information 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 AND TABLE OF CONTENTS.

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

5 ‘‘Congressional Accountability Act’’.

6 (b) TABLE OF CONTENTS.—The table of contents for

7 this Act is as follows:

Sec. 1. Short title and table of contents.
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Sec. 2. Application of Federal laws.

Sec. 3. Office of Compliance.

Sec. 4. Board functions.

Sec. 5. Procedure for consideration of alleged violations of civil rights and personnel requirements.

Sec. 6. Step I: Counseling.

Sec. 7. Step II: Mediation.

Sec. 8. Step IIIA: Formal complaint and hearing.

Sec. 9. Step IV: Judicial review.

Sec. 10. Step IIIB: Civil Action.

Sec. 11. Procedures for consideration of alleged violations relating to information requirements.

Sec. 12. Procedures for consideration of alleged violation relating to labor management and occupational health and safety requirements.

Sec. 13. Information requirements.

Sec. 14. Resolution of complaint.

Sec. 15. Prohibition of intimidation.

Sec. 16. Confidentiality.

Sec. 17. Inspections.

Sec. 18. Collection of information.

Sec. 19. Political affiliation and place of residence.

Sec. 20. Other review.

Sec. 21. Severability.

Sec. 22. Authorization of appropriations.

Sec. 23. Definitions.

1 SEC. 2. APPLICATION OF FEDERAL LAWS.

2 (a) EMPLOYMENT.—The following provisions shall

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

4 to each employing office and each congressional employee,

5 in accordance with section 4:

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

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

8 (2) Chapter 71 of title 5, United States Code

9 (relating to labor-management relations).

10 (3) Section 5 of the Occupational Safety and

11 Health Act of 1970 (29 U.S.C. 654).

12 (4) Section 717 of the Civil Rights Act of 1964

13 (42 U.S.C. 2000e–16).
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1 (5) Section 15 of the Age Discrimination in

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

3 (6) Sections 102 through 104 of the Americans

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

5 12114).

6 (7) Section 501 of the Rehabilitation Act of

7 1973 (29 U.S.C. 791).

8 (8) Sections 101 through 105 of the Family

9 and Medical Leave Act of 1993 (29 U.S.C. 2601 et

10 seq.).

11 (9) The Employee Polygraph Protection Act of

12 1988 (29 U.S.C. 2001 et seq.).

13 (10) The Worker Adjustment and Retraining

14 Notification Act (29 U.S.C. 2101 et seq.).

15 (b) INFORMATION.—Section 552 of title 5, United

16 States Code (commonly known as the ‘‘Freedom of Infor17 mation Act’’), and section 552a of title 5, United States

18 Code (commonly known as the ‘‘Privacy Act of 1974’’),

19 shall apply, except as otherwise specifically provided in

20 this Act, to each office of the legislative branch of the Fed21 eral Government and the information in the possession of

22 such office, in accordance with section 4.

23 (c) ACCOMMODATIONS.—

24 (1) IN GENERAL.—Sections 201 through 203

25 (except as such section refers to procedures) of the
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1 Americans with Disabilities Act of 1990 (42 U.S.C.

2 12131–12133), shall apply, except as otherwise spe3 cifically provided in this Act, to each entity of the

4 legislative branch of the Federal Government that

5 owns, leases, or operates a place of public accommo6 dation (as defined in section 301(7) of such Act (42

7 U.S.C. 12181(7))), and to each client or customer of

8 the covered public accommodation who is a qualified

9 individual with a disability (as defined in section

10 201(2) of such Act), in accordance with section 4.

11 (2) APPLICATION.—For purposes of the appli12 cation of such sections under this Act—

13 (A) references in this Act to an employing

14 office shall be deemed to include such an entity;

15 and

16 (B) references in this Act—

17 (i) to an employee of the House of

18 Representatives shall be deemed to include

19 references to such a client or customer of

20 such an entity of the House of Representa21 tives;

22 (ii) to an employee of the Senate shall

23 be deemed to include references to such a

24 client or customer of such an entity of the

25 Senate; and
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1 (iii) to an employee of an instrumen2 tality shall be deemed to include references

3 to such a client or customer of such an en4 tity of the instrumentality.

5 (d) EMPLOYMENT UNDER FEDERAL CONTRACTS.—

6 (1) IN GENERAL.—Section 503 of the Rehabili7 tation Act of 1973 (29 U.S.C. 793) shall apply, ex8 cept as otherwise specifically provided in this Act, to

9 each party contracting with an entity of the legisla10 tive branch of the Federal Government and to each

11 applicant for employment, employee, or former em12 ployee, of such party, in accordance with section 4.

13 (2) APPLICATION.—For purposes of the appli14 cation of such sections under this Act—

15 (A) references in this Act to an employing

16 office shall be deemed to include such a party;

17 and

18 (B) references in this Act—

19 (i) to an employee of the House of

20 Representatives shall be deemed to include

21 references to such an applicant, employee,

22 or former employee of a party contracting

23 with an entity of the House of Representa24 tives;
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1 (ii) to an employee of the Senate shall

2 be deemed to include references to such an

3 applicant, employee, or former employee of

4 a party contracting with an entity of the

5 Senate; and

6 (iii) to an employee of an instrumen7 tality shall be deemed to include references

8 to such an applicant, employee, or former

9 employee of a party contracting with the

10 instrumentality.

11 SEC. 3. OFFICE OF COMPLIANCE.

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

13 legislative branch for the Congress an Office of Compli14 ance (referred to in this Act as the ‘‘Office’’).

15 (b) BOARD OF DIRECTORS.—

16 (1) IN GENERAL.—

17 (A) APPOINTMENT.—There shall be a

18 Board of Directors in the Office (referred to in

19 this Act as the ‘‘Board of Directors’’). The

20 Board of Directors shall consist of 8 individ21 uals, of which 2 shall be appointed by the

22 Speaker of the House of Representatives, 2

23 shall be appointed by the Majority Leader of

24 the Senate, 2 shall be appointed by the Minor25 ity Leader of the House of Representatives, and
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1 2 shall be appointed by the Minority Leader of

2 the Senate. The members first appointed to the

3 Board of Directors shall be appointed not later

4 than 120 days after the date of the enactment

5 of this Act.

6 (B) REMOVAL.—Any member of the Board

7 of Directors may be removed by a majority de8 cision of the appointing authorities described in

9 subparagraph (A), only for—

10 (i) disability that substantially pre11 vents the member from carrying out the

12 duties of such a member;

13 (ii) incompetence;

14 (iii) neglect of duty;

15 (iv) malfeasance; or

16 (v) a felony or conduct involving

17 moral turpitude.

18 (2) QUALIFICATIONS.—

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

20 shall be composed of individuals with training

21 or expertise related to the provisions referred to

22 in section 2, and the application of the provi23 sions referred to in section 2.

24 (B) SPECIFIC QUALIFICATIONS.—
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1 (i) LOBBYING.—No individual who en2 gages in, or is otherwise employed in, lob3 bying of the Congress shall be considered

4 eligible for appointment to, or service on,

5 the Board of Directors.

6 (ii) OFFICE.—No current, or former,

7 Member of the House of Representatives

8 or Senator may be appointed as a member

9 of the Board of Directors. No congres10 sional employee may be so appointed with11 in 6 years of any employment by any office

12 of the legislative branch of the Federal

13 Government.

14 (3) VACANCIES.—Any vacancy occurring in the

15 membership of the Board of Directors shall be filled

16 in the same manner as the original appointment for

17 the position being vacated. The vacancy shall not af18 fect the power of the remaining members to execute

19 the duties of the Board of Directors.

20 (c) AUTHORITY.—The members of the Board of Di21 rectors shall have the authority to carry out the functions

22 described in subsections (a), (b), (d), and (e) of section

23 4, and the functions described in sections 8(f), 11, and

24 12.

25 (d) TERM OF OFFICE.—
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1 (1) IN GENERAL.—Except as provided in para2 graph (2), each member of the Board of Directors

3 shall be appointed for 1 term of 5 years.

4 (2) FIRST APPOINTMENTS.—Of the members

5 first appointed to the Board of Directors—

6 (A) 1 member appointed by the Speaker of

7 the House of Representatives and 1 member

8 appointed by the Minority Leader of the Senate

9 shall be appointed to a term of 1 year;

10 (B) 1 member appointed by the Minority

11 Leader of the House of Representatives and 1

12 member appointed by the Majority Leader of

13 the Senate shall be appointed to a term of 2

14 years;

15 (C) 1 member appointed by the Minority

16 Leader of the House of Representatives and 1

17 member appointed by the Majority Leader of

18 the Senate shall be appointed to a term of 3

19 years;

20 (D) 1 member appointed by the Minority

21 Leader of the Senate shall be appointed to a

22 term of 4 years; and

23 (E) 1 member appointed by the Speaker of

24 the House of Representatives shall be appointed

25 to a term of 5 years.
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1 (e) CHAIRPERSON.—The Board of Directors shall

2 elect a Chairperson from among the members of the

3 Board.

4 (f) COMPENSATION OF MEMBERS.—Each member of

5 the Board of Directors shall be compensated at a rate

6 equal to the daily equivalent of the annual rate of basic

7 pay prescribed for level V of the Executive Schedule under

8 section 5316 of title 5, United States Code, for each day

9 (including travel time) during which such member is en10 gaged in the performance of the duties of the Board.

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

12 of Directors shall receive travel expenses, including per

13 diem in lieu of subsistence, at rates authorized for employ14 ees of agencies under subchapter I of chapter 57 of title

15 5, United States Code, for each day the member is en16 gaged in the performance of duties away from the home

17 or regular place of business of the member.

18 (h) EXECUTIVE DIRECTOR.—

19 (1) IN GENERAL.—The Chairperson of the

20 Board of Directors shall appoint and may terminate,

21 subject to the approval of the Board of Directors, an

22 executive director (referred to in this Act as the ‘‘ex23 ecutive director’’).

24 (2) COMPENSATION.—The Chairperson of the

25 Board of Directors may fix the compensation of the
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1 executive director. The rate of pay for the executive

2 director may not exceed the annual rate of basic pay

3 prescribed for level V of the Executive Schedule

4 under section 5316 of title 5, United States Code.

5 (3) DUTIES.—Except as otherwise specified in

6 this Act, the executive director shall carry out the

7 responsibilities of the Office under sections 6, 7, 8,

8 9, 11, 12, 14, 16, 17, and 18.

9 (i) STAFF.—

10 (1) IN GENERAL.—The executive director shall

11 appoint and may terminate such other additional

12 staff as may be necessary to enable the Board to

13 perform its duties.

14 (2) COMPENSATION.—The executive director

15 may fix the compensation of the staff. The rate of

16 pay for the staff may not exceed the annual rate of

17 basic pay prescribed for level V of the Executive

18 Schedule under section 5316 of title 5, United

19 States Code.

20 (j) DETAILEES.—The executive director may, with

21 the prior consent of the Government department or agency

22 concerned, use on a nonreimbursable basis the services of

23 any such department or agency, including the services of

24 members or personnel of the General Accounting Office

25 Personnel Appeals Board.
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1 (k) CONSULTANTS.—In carrying out the functions of

2 the Office, the executive director may procure the tem3 porary (not to exceed 1 year) or intermittent services of

4 individual consultants, or organizations thereof.

5 SEC. 4. BOARD FUNCTIONS.

6 (a) INITIAL ACTION.—

7 (1) REGULATIONS.—

8 (A) IN GENERAL.—Not later than 180

9 days after the appointment of the executive di10 rector, the Board of Directors shall, in accord11 ance with section 553 of title 5, United States

12 Code, issue regulations that specify the manner

13 in which the provisions referred to in section 2

14 shall be implemented to ensure that offices de15 scribed in such section comply with such provi16 sions. In addition to publishing a general notice

17 of proposed rulemaking under section 553(b) of

18 title 5, United States Code, the Board of Direc19 tors shall concurrently submit such notice for

20 publication in the Congressional Record, prior

21 to issuing such regulations.

22 (B) REQUIREMENTS.—Such regulations—

23 (i) shall be consistent with the regula24 tions issued by an agency of the executive

25 branch of the Federal Government with re-
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1 spect to such provisions, including portions

2 relating to remedies, except as otherwise

3 specifically provided;

4 (ii) may specify specific dates for the

5 application of specific provisions and may

6 specify specific means for the application

7 of such provisions; and

8 (iii) in specifying the manner in which

9 the provision described in section 2(a)(3)

10 shall apply to the offices or employees de11 scribed in section 2(a), shall take into ac12 count the costs associated with the applica13 tion of such provision to the offices or em14 ployees.

15 (C) INFORMATION REGULATIONS.—In pro16 posing regulations for the application of any

17 provision referred to in section 2(b) to offices of

18 the legislative branch and information in the

19 possession of such offices, the Board of Direc20 tors shall be guided by judicial decisions under

21 such provision.

22 (2) AMENDMENTS AND REPEALS.—When pro23 posing regulations under paragraph (1) to apply a

24 provision described in section 2 to employees and of25 fices described in section 2, the Board of Directors
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1 shall recommend to the Congress any necessary

2 changes in or repeals of existing law to accommodate

3 the application of such provision to the employees

4 and offices.

5 (b) CONTINUING ACTION.—Two years after the date

6 on which the first executive director is appointed under

7 section 3(h), and every 2 years thereafter, the Board of

8 Directors shall—

9 (1) study provisions of Federal law relating to

10 employment, personnel actions, or availability of in11 formation to the public, that are similar to the provi12 sions described in section 2 and that do not apply

13 to some or all congressional employees, employing

14 offices, or offices of the legislative branch of the

15 Federal Government; and

16 (2) recommend to the Congress whether any of

17 the provisions should be applied to employees or of18 fices described in paragraph (1).

19 (c) CONGRESSIONAL DISAPPROVAL.—

20 (1) IN GENERAL.—

21 (A) HOUSE OF REPRESENTATIVES.—

22 (i) IN GENERAL.—Regulations issued

23 by the Board of Directors under subsection

24 (a) that relate to the House of Representa25 tives shall take effect, and shall apply to
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1 each employee of the House of Representa2 tives, and each office of the House of Rep3 resentatives described in section 2, on the

4 date of issuance of such regulations unless

5 disapproved by the Congress by concurrent

6 resolution.

7 (ii) INTRODUCTION AND CONTENT RE8 QUIREMENTS.—Such resolution shall be in9 troduced after the date on which the

10 Board of Directors publishes the general

11 notice of proposed rulemaking relating to

12 the regulations. The matter after the re13 solving clause of the resolution shall be as

14 follows: ‘‘That Congress disapproves the is15 suance of regulations of the Office of Com16 pliance as proposed on llllll (the

17 blank space being appropriately filled in).’’.

18 (B) SENATE.—Regulations issued by the

19 Board of Directors under subsection (a) that

20 relate to the Senate shall take effect, and shall

21 apply to each employee of the Senate, and each

22 office of the Senate described in section 2, on

23 the date of issuance of such regulations unless

24 disapproved by the Congress by concurrent res-
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1 olution. Such resolution shall comply with the

2 requirements of subparagraph (A)(ii).

3 (C) INSTRUMENTALITIES.—Regulations is4 sued by the Board of Directors under sub5 section (a) that relate to the instrumentalities

6 shall take effect, and shall apply to each em7 ployee of an instrumentality, and each office of

8 such an instrumentality described in section 2,

9 on the date of issuance of such regulations un10 less disapproved by the Congress by joint reso11 lution. Such resolution shall comply with the re12 quirements of subparagraph (A)(ii).

13 (2) RULEMAKING.—The provisions of this sub14 section are enacted by the Congress, and regulations

15 issued by the Board of Directors are so issued—

16 (A) with respect to the application of this

17 subsection, and regulations issued by the Board

18 of Directors, to regulations affecting employees

19 or offices of the House of Representatives, as

20 an exercise of the rulemaking power of the

21 House, with full recognition of the constitu22 tional right of the House to change its rules (so

23 far as the rules relate to the procedure of the

24 House), in the same manner, and to the same
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1 extent, as in the case of any other rule of the

2 House; and

3 (B) with respect to the application of this

4 subsection, and the regulations issued by the

5 Board of Directors, to regulations affecting em6 ployees or offices of the Senate, as an exercise

7 of the rulemaking power of the Senate, with full

8 recognition of the constitutional right of the

9 Senate to change its rules (so far as the rules

10 relate to the procedure of the Senate), in the

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

12 case of any other rule of the Senate.

13 (d) RULES OF THE OFFICE.—

14 (1) IN GENERAL.—The Board of Directors

15 shall, in accordance with section 553 of title 5, Unit16 ed States Code, issue rules governing the procedures

17 of the Office, including the procedures of hearing

18 boards. The Board of Directors may issue amend19 ments to the rules in the same manner. In addition

20 to publishing a general notice of proposed rule21 making under section 553(b) of title 5, United

22 States Code, the Board of Directors shall concur23 rently submit such notice for publication in the Con24 gressional Record, prior to issuing such regulations.
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1 (2) MEETINGS AND VOTING.—Such rules shall

2 require that the Board of Directors meet not less

3 often than 4 times annually in the District of Co4 lumbia, and shall ban voting by proxy by members

5 of the Board.

6 (3) CONSULTATION.—The Board of Directors

7 may consult with the Chairman of the Administra8 tive Conference of the United States on the proposal

9 of such rules.

10 (e) INFORMATION PROGRAM.—The Board of Direc11 tors shall carry out such an information program as may

12 be appropriate to inform Members of the House of Rep13 resentatives, Senators, congressional employees, and heads

14 of employing offices as to the provisions, including provi15 sion relating to remedies, made applicable to the legislative

16 branch of the Federal Government under this section.

17 SEC. 5. PROCEDURE FOR CONSIDERATION OF ALLEGED

18 VIOLATIONS OF CIVIL RIGHTS AND PERSON19 NEL REQUIREMENTS.

20 (a) IN GENERAL.—The procedure for consideration

21 of alleged violations (except as provided in sections 11 and

22 12 and including violations of section 11(c) of the Occupa23 tional Safety and Health Act of 1970) (29 U.S.C. 660(c))

24 consists of the following:

25 (1) Step I, counseling, as set forth in section 6.
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1 (2) Step II, mediation, as set forth in section

2 7.

3 (3) At the election of the employee alleging the

4 violation—

5 (A)(i) step IIIA, formal complaint and

6 hearing by a hearing board, as set forth in sec7 tion 8; and

8 (ii) step IV, judicial review of a hearing

9 board decision by the United States Court of

10 Appeals for the Federal Circuit, as set forth in

11 section 9; or

12 (B) step IIIB, a civil action in a district

13 court of the United States, as set forth in sec14 tion 10.

15 (b) CONSTRUCTION.—Nothing in this section shall be

16 construed to prohibit inspections under section 17.

17 SEC. 6. STEP I: COUNSELING.

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

19 a violation described in section 5(a) may request counsel20 ing by the Office. The Office shall provide the employee

21 with all relevant information with respect to the rights of

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

23 later than 180 days after the alleged violation forming the

24 basis of the request for counseling occurred.
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1 (b) PERIOD OF COUNSELING.—The period for coun2 seling shall be 30 days unless the employee and the Office

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

4 date the request for counseling is received.

5 SEC. 7. STEP II: MEDIATION.

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

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

8 who alleged a violation described in section 5(a) may file

9 a request for mediation with the Office, which mediation—

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

11 employing office, and individuals who are rec12 ommended to the executive director by the Federal

13 Mediation and Conciliation Service or by the Admin14 istrative Conference of the United States; and

15 (2) shall be a process involving meetings with

16 the parties separately or jointly for the purpose of

17 resolving the dispute between the employee and the

18 employing office.

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

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

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

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

23 employee and the head of the employing office when the

24 mediation period has ended.
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1 SEC. 8. STEP IIIA: FORMAL COMPLAINT AND HEARING.

2 (a) IN GENERAL.—

3 (1) FORMAL COMPLAINT.—A congressional em4 ployee may, within 30 days after receipt of notice

5 from the Office of the end of the mediation period

6 under section 7, file a formal administrative com7 plaint with the Office as provided in this section.

8 (2) EXHAUSTION REQUIREMENT.—No adminis9 trative complaint may be filed unless the employee

10 has made a timely request for counseling and has

11 completed the procedures set forth in sections 6 and

12 7.

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

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

15 board’’), who are not Members of the House of Represent16 atives, Senators, heads of employing offices, or congres17 sional employees, chosen by the Office (one of whom shall

18 be designated by the Office as the presiding hearing offi19 cer) shall be assigned to consider each complaint filed

20 under subsection (a). The Office shall appoint hearing of21 ficers after considering any candidates who are rec22 ommended to the executive director by the Federal Medi23 ation and Conciliation Service, the Administrative Con24 ference of the United States, or organizations composed

25 primarily of individuals experienced in adjudicating or ar-
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1 bitrating personnel matters. A hearing board shall act by

2 majority vote.

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

4 hearing under subsection (d), or at any time prior to the

5 issuance of a decision under subsection (g), a hearing

6 board may dismiss any claim that it finds to be frivolous.

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

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

9 board;

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

11 complaint under subsection (a), except that the Of12 fice may, for good cause, extend up to an additional

13 60 days the time for conducting a hearing; and

14 (3) except as specifically provided in this Act

15 and to the greatest extent practicable, in accordance

16 with the principles and procedures set forth in sec17 tions 554 through 557 of title 5, United States

18 Code.

19 (e) DISCOVERY.—Reasonable prehearing discovery

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

21 (f) SUBPOENA POWER.—

22 (1) IN GENERAL.—At the request of a hearing

23 board, the Chairperson of the Board of Directors,

24 acting at the direction of a majority of the Board of

25 Directors, may issue subpoenas on behalf of the
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1 hearing board, for the attendance of witnesses at

2 proceedings of the hearing board and for the produc3 tion of correspondence, books, papers, documents,

4 and other records. The attendance of witnesses and

5 the production of evidence may be required from any

6 place within the United States.

7 (2) FAILURE TO OBEY A SUBPOENA.—If a per8 son refuses to obey a subpoena issued under para9 graph (1), the Chairperson of the Board of Direc10 tors, acting at the direction of a majority of the

11 Board of Directors, may apply to a United States

12 district court for an order requiring that person to

13 appear before the hearing board to give testimony,

14 produce evidence, or both, relating to the matter

15 under investigation. The application may be made

16 within the judicial district where the hearing is con17 ducted or where that person is found, resides, or

18 transacts business. Any failure to obey the order of

19 the court may be punished by the court as civil con20 tempt.

21 (3) SERVICE OF SUBPOENAS.—The subpoenas

22 of the hearing board shall be served in the manner

23 provided for subpoenas issued by a United States

24 district court under the Federal Rules of Civil Pro25 cedure for the United States district courts.
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1 (4) SERVICE OF PROCESS.—All process of any

2 court to which application may be made under para3 graph (2) may be served in the judicial district in

4 which the person required to be served resides or

5 may be found.

6 (5) IMMUNITY.—The hearing board is an agen7 cy of the United States for the purpose of part V

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

9 of witnesses).

10 (g) DECISION.—The hearing board shall issue a writ11 ten decision as expeditiously as possible, but in no case

12 more than 45 days after the conclusion of the hearing.

13 The written decision shall be transmitted by the Office to

14 the employee and the employing office. The decision shall

15 state the issues raised by the complaint, describe the evi16 dence in the record, and contain a determination as to

17 whether a violation described in section 5(a) has occurred.

18 (h) REMEDY ORDER.—If the hearing board deter19 mines that a violation described in section 5(a) has oc20 curred, it shall order such remedies as are authorized

21 under the regulations promulgated under section 4. The

22 hearing board shall have no authority to award punitive

23 damages. The entry of an order under this subsection shall

24 constitute a final decision for purposes of judicial review

25 under section 9.
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1 (i) PRECEDENTS AND INTERPRETATIONS.—A hear2 ing board that conducts such a hearing relating to the pro3 tections of an Act referred to in section 2 shall be guided

4 by judicial decisions under such Act.

5 SEC. 9. STEP IV: JUDICIAL REVIEW.

6 (a) COURT OF APPEALS.—

7 (1) IN GENERAL.—Following any administra8 tive hearing convened under section 8(d), any con9 gressional employee or any head of an employing of10 fice aggrieved by a dismissal under section 8(c), a

11 final decision under section 8(g), or an order under

12 section 8(h), may petition for a review by the United

13 States Court of Appeals for the Federal Circuit.

14 (2) LAW APPLICABLE.—Chapter 158 of title 28,

15 United States Code, shall apply to a review under

16 paragraph (1) except that—

17 (A) with respect to section 2344 of title

18 28, United States Code, service of the petition

19 shall be on the House or Senate Legal Counsel,

20 or the appropriate entity of an instrumentality,

21 as the case may be, rather than on the Attorney

22 General;

23 (B) the provisions of section 2348 of title

24 28, United States Code, on the authority of the

25 Attorney General, shall not apply;
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1 (C) the petition for review shall be filed

2 not later than 90 days after the entry in the

3 Office of a final decision under section 8(g) or

4 an order under section 8(h);

5 (D) the Office shall be an ‘‘agency’’ as

6 that term is used in chapter 158 of title 28,

7 United States Code; and

8 (E) the Office shall be the respondent in

9 any proceeding under paragraph (1).

10 (3) STANDARD OF REVIEW.—To the extent nec11 essary to decision and when presented, the court

12 shall decide all relevant questions of law and inter13 pret constitutional and statutory provisions. The

14 court shall set aside a final decision under section

15 8(g) or an order under section 8(h) if it is deter16 mined that the decision or order was—

17 (A) arbitrary, capricious, an abuse of dis18 cretion, or otherwise not consistent with law;

19 (B) not made consistent with required pro20 cedures; or

21 (C) unsupported by substantial evidence.

22 (4) RECORD.—In making determinations under

23 paragraph (3), the court shall review the whole

24 record, or those parts of it cited by a party, and due

25 account shall be taken of the rule of prejudicial
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1 error. The record on review shall include the record

2 before the hearing board, the decision of the hearing

3 board, and the order of the hearing board.

4 (b) ATTORNEY’S FEES.—If a congressional employee

5 is the prevailing party in a proceeding under this section

6 relating to a provision referred to in section 2, attorney’s

7 fees may be allowed by the court in accordance with any

8 standards prescribed under Federal law for the award of

9 such fees in the event of a violation of such provision.

10 SEC. 10. STEP IIIB: CIVIL ACTION.

11 (a) IN GENERAL.—

12 (1) CIVIL ACTION.—An employee may within 30

13 days after receipt of notice from the Office of the

14 end of the mediation period under section 7 for vio15 lations described in section 5(a) bring a civil action

16 in a district court of the United States seeking relief

17 from the alleged violation of law. In any such civil

18 action, any party may demand a jury trial.

19 (2) EXHAUSTION REQUIREMENT.—No civil ac20 tion may be filed under paragraph (1) unless the

21 employee has made a timely request for counseling

22 and has completed the procedures set forth in sec23 tions 6 and 7.
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1 (3) COURT ORDER.—If a court determines that

2 a violation of law occurred, the court may only enter

3 an order described in section 8(h).

4 (b) ATTORNEY’S FEES.—If a congressional employee

5 is the prevailing party in a proceeding under this section

6 relating to a provision referred to in section 2, attorney’s

7 fees may be allowed by the court in accordance with any

8 standards prescribed under Federal law for the award of

9 such fees in the event of a violation of such provision.

10 SEC. 11. PROCEDURES FOR CONSIDERATION OF ALLEGED

11 VIOLATIONS RELATING TO INFORMATION

12 REQUIREMENTS.

13 (a) PROCEDURES FOR VIOLATIONS RELATING TO IN14 FORMATION REQUIREMENTS.—In proposing regulations

15 under section 4 for the application of provisions described

16 in section 2(b), the Board of Directors shall propose regu17 lations that specify the procedure for consideration by the

18 Office of alleged violations of the provisions. Such regula19 tions shall provide, at a minimum, for procedures similar

20 to the procedures described in section 552 of title 5,

21 United States Code.

22 (b) COURT REVIEW.—Any petitioner seeking infor23 mation from an office of the legislative branch of the Fed24 eral Government, or any such office, that is aggrieved by

25 a final decision of the Office under the procedures de-
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1 scribed in subsection (a), may petition for review of the

2 decision by the District Court of the United States for

3 the District of Columbia. Such review shall be conducted

4 in accordance with subparagraphs (B), (C), (E), (F), and

5 (G) of section 552(a)(4) of title 5, United States Code.

6 (c) ATTORNEY’S FEES.—If a congressional employee

7 is the prevailing party in a proceeding under this section

8 relating to a provision referred to in section 2(b), attor9 ney’s fees may be allowed by the court in accordance with

10 any standards prescribed under Federal law for the award

11 of such fees in the event of a violation of such provision.

12 SEC. 12. PROCEDURES FOR CONSIDERATION OF ALLEGED

13 VIOLATION RELATING TO LABOR MANAGE14 MENT AND OCCUPATIONAL HEALTH AND

15 SAFETY REQUIREMENTS.

16 (a) PROCEDURES FOR VIOLATIONS RELATING TO

17 LABOR MANAGEMENT REQUIREMENTS AND OCCUPA18 TIONAL SAFETY AND HEALTH REQUIREMENTS.—

19 (1) PROCEDURES FOR VIOLATIONS RELATING

20 TO LABOR-MANAGEMENT RELATIONS.—In proposing

21 regulations under section 4 for the application of

22 provisions described in section 2(a)(2), the Board of

23 Directors shall propose regulations that specify the

24 procedure for consideration by the Office of alleged

25 violations of the provisions. Such regulations shall
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1 prescribe, at a minimum, for procedures similar to

2 the procedures described in sections 7118, 7119,

3 7121, and 7122 of title 5, United States Code.

4 (2) PROCEDURES FOR VIOLATIONS RELATING

5 TO OCCUPATIONAL SAFETY AND HEALTH REQUIRE6 MENTS.—In proposing regulations under section 4

7 for the application of provisions described in section

8 2(a)(3), the Board of Directors shall propose regula9 tions that specify the procedure for consideration by

10 the Office of alleged violations of the provisions.

11 Such regulations shall provide, at a minimum, for

12 procedures similar to the procedures described in

13 sections 8, 9, 10, and 17 of the Occupational Safety

14 and Health Act of 1970 (29 U.S.C. 657, 658, 659,

15 and 666).

16 (b) COURT REVIEW.—

17 (1) IN GENERAL.—Any congressional employee

18 or head of an employing office aggrieved by any dis19 missal, order, or decision issued after procedures de20 scribed in subsection (a) relating to a provision de21 scribed in paragraph (2) or (3) of section 2(a), may

22 petition for review by the United States Court of

23 Appeals for the Federal Circuit.
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1 (2) LAW APPLICABLE.—Chapter 158 of title 28,

2 United States Code, shall apply to a review under

3 paragraph (1) except that—

4 (A) with respect to section 2344 of title

5 28, United States Code, service of the petition

6 shall be on the House or Senate Legal Counsel,

7 or the appropriate entity of an instrumentality,

8 as the case may be, rather than on the Attorney

9 General;

10 (B) the provisions of section 2348 of title

11 28, United States Code, on the authority of the

12 Attorney General, shall not apply;

13 (C) the petition for review shall be filed

14 not later than 90 days after the entry in the

15 Office of any decision or order issued after pro16 cedures described in subsection (a);

17 (D) the Office shall be an ‘‘agency’’ as

18 that term is used in chapter 158 of title 28,

19 United States Code; and

20 (E) the Office shall be the respondent in

21 any proceeding under paragraph (1).

22 (3) STANDARD OF REVIEW.—To the extent nec23 essary to decision and when presented, the court

24 shall decide all relevant questions of law and inter25 pret constitutional and statutory provisions. The
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1 court shall set aside any decision or order issued

2 after procedures described in subsection (a), if it is

3 determined that the decision or order was—

4 (A) arbitrary, capricious, an abuse of dis5 cretion, or otherwise not consistent with law;

6 (B) not made consistent with required pro7 cedures; or

8 (C) unsupported by substantial evidence.

9 (4) RECORD.—In making determinations under

10 paragraph (3), the court shall review the whole

11 record, or those parts of it cited by a party, and due

12 account shall be taken of the rule of prejudicial

13 error. The record on review shall include the record

14 before any decisionmaker under the procedures de15 scribed in subsection (a), the decision of the

16 decisionmaker, and the order of the decisionmaker.

17 (c) ATTORNEY’S FEES.—If a congressional employee

18 is the prevailing party in a proceeding under this section

19 relating to a provision referred to in paragraph (2) or (3)

20 of section 2(a), attorney’s fees may be allowed by the court

21 in accordance with any standards prescribed under Fed22 eral law for the award of such fees in the event of a viola23 tion of such provision.

24 (d) CONSTRUCTION.—Nothing in this section shall be

25 construed to prohibit inspections under section 17.
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1 SEC. 13. INFORMATION REQUIREMENTS.

2 (a) EXEMPTION.—The provisions referred to in sec3 tion 2(b) shall not apply to the offices described in sub4 section (b), or any information in the possession of the

5 offices described in subsection (b).

6 (b) OFFICES.—The offices referred to in subsection

7 (a) shall consist of the following:

8 (1) The personal offices of Members of the

9 House of Representatives or of Members of the Sen10 ate.

11 (2) The offices of standing, select, special, joint,

12 and other committees of Congress.

13 (3) The offices of the President pro tempore of

14 the Senate, the President of the Senate, or the Ma15 jority Leader of the House of Representatives.

16 (4) The offices and support organizations of the

17 other leaders of the House of Representatives or of

18 the Senate.

19 (5) The offices of any caucus or partisan orga20 nization related to the Congress.

21 (6) The offices of the Legislative Counsel of the

22 House of Representatives or of the Senate.

23 (7) The Office of Legislative Operations of the

24 House of Representatives.

25 (8) The office of the Parliamentarian of the

26 House of Representatives or of the Senate.
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1 (9) The offices of the Doorkeepers of the House

2 of Representatives or of the Senate.

3 (10) The offices of the Clerks of the House of

4 Representatives or of the Senate.

5 (11) The office of the General Counsel of the

6 House of Representatives.

7 (12) The Office of Legislative Information of

8 the House of Representatives.

9 (13) The offices of the Legal Counsel of the

10 House of Representatives or of the Senate.

11 (14) The offices of the Attending Physicians of

12 the House of Representatives or of the Senate.

13 (15) The escort assistance division of the Cap14 itol Police.

15 (16) Any staff organization.

16 (17) Any other office to which the Board of Di17 rectors determines, by regulation issued in accord18 ance with section 4, that the provisions described in

19 section 2(b) shall not apply.

20 SEC. 14. RESOLUTION OF COMPLAINT.

21 (a) EMPLOYMENT.—If, after a formal complaint is

22 filed under section 8 or in accordance with the procedures

23 described in section 12(a), the employee and the head of

24 the employing office resolve the issues involved, the em25 ployee may withdraw the complaint or the parties may
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1 enter into a written agreement, subject to the approval

2 of the executive director.

3 (b) INFORMATION.—If, after a formal complaint is

4 filed in accordance with the procedures described in sec5 tion 11(a), the office of the legislative branch and the peti6 tioner seeking information from the office resolve the is7 sues involved, the petitioner may withdraw the complaint

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

9 to the approval of the executive director.

10 SEC. 15. PROHIBITION OF INTIMIDATION.

11 Any intimidation of, or reprisal against, a congres12 sional employee by any Member or officer of the House

13 of Representatives or of the Senate, any head of an em14 ploying office, or any congressional employee, as the case

15 may be, because of the exercise of a right under this Act

16 relating to a provision described in section 2, constitutes

17 an unlawful employment practice, which may be remedied,

18 except as provided in section 5(a), in the same manner

19 under this Act as is a violation relating to such provision.

20 SEC. 16. CONFIDENTIALITY.

21 (a) COUNSELING.—All counseling conducted under

22 this Act shall be strictly confidential except that the Office

23 and the employee may agree to notify the head of the em24 ploying office of the allegations.
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1 (b) MEDIATION.—All mediation conducted under this

2 Act shall be strictly confidential.

3 (c) HEARINGS.—Except as provided in subsections

4 (d) and (e), the hearings and deliberations of hearing

5 boards (including any decisionmaker under procedures de6 scribed in section 11(a) or 12(a)) shall be confidential.

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

8 The records of such hearing boards may be made public

9 if required for the purpose of judicial review under section

10 9, 10, 11, or 12.

11 (e) ACCESS BY COMMITTEES OF CONGRESS.—At the

12 discretion of the executive director, the executive director

13 may provide to the Committee on Standards of Official

14 Conduct of the House of Representatives and the Select

15 Committee on Ethics of the Senate access to the records

16 of the hearings and decisions of the hearing boards, in17 cluding all written and oral testimony in the possession

18 of the hearing boards, concerning a decision under section

19 8(g) or any decision or order issued after procedures de20 scribed in section 11(a) or 12(a). The executive director

21 shall not provide such access until the executive director

22 has consulted with the individual filing the complaint at

23 issue in the hearing, and until the hearing board has

24 issued the decision.
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1 SEC. 17. INSPECTIONS.

2 (a) IN GENERAL.—On a regular basis, and at least

3 once during each Congress, the Office shall request that

4 the Secretary of Labor and the Architectural and Trans5 portation Barriers Compliance Board detail to the Office

6 such personnel as may be necessary to inspect the facilities

7 of the legislative branch of the Federal Government in

8 order to ensure compliance with the Occupational Safety

9 and Health Act of 1970, the Fair Labor Standards Act

10 of 1938, and title II of the Americans with Disabilities

11 Act of 1990.

12 (b) DATE AND SCOPE OF INSPECTIONS.—The Office

13 shall determine the dates and scope of such inspections,

14 in accordance with regulations issued in accordance with

15 section 4.

16 (c) REPORT.—After conducting such an inspection,

17 the Office shall prepare and submit for publication in the

18 Congressional Record a report containing information on

19 the results of the inspection.

20 SEC. 18. COLLECTION OF INFORMATION.

21 (a) COLLECTION.—The executive director shall col22 lect information with respect to complaints filed under sec23 tion 8 or under procedures described in section 11(a) or

24 12(a), including—

25 (1) the total number of such complaints;

26 (2) the number of such complaints that allege—
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1 (A) discrimination on the basis of race or

2 color;

3 (B) discrimination on the basis of sex;

4 (C) discrimination on the basis of religion;

5 (D) discrimination on the basis of national

6 origin;

7 (E) discrimination on the basis of disabil8 ity;

9 (F) discrimination on the basis of age;

10 (G) a violation of the Fair Labor Stand11 ards Act of 1938;

12 (H) a violation of chapter 71 of title 5,

13 United States Code;

14 (I) a violation of the Occupational Safety

15 and Health Act of 1970;

16 (J) a violation of the Family and Medical

17 Leave Act of 1993;

18 (K) a violation of the Employee Polygraph

19 Protection Act of 1988;

20 (L) a violation of the Worker Adjustment

21 and Retraining Notification Act; or

22 (M) a violation of section 552 of title 5,

23 United States Code (commonly known as the

24 ‘‘Freedom of Information Act’’), or section
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1 552a of title 5, United States Code (commonly

2 known as the ‘‘Privacy Act of 1974’’);

3 (3) the number of such complaints that were re4 solved by—

5 (A) settlement;

6 (B) a decision following a hearing under

7 section 8 or under procedures described in sec8 tion 11(a) or 12(a); or

9 (C) withdrawal of the complaint, or other

10 means; and

11 (4) for each category of allegations described in

12 subparagraphs (A) through (M) of paragraph (2)—

13 (A) the aggregate amount of monetary

14 compensation (including damages, equitable

15 monetary relief, and interest) awarded as a re16 sult of settlement;

17 (B) the aggregate amount of such mone18 tary compensation awarded as a result of a de19 cision described in paragraph (3)(B); and

20 (C) the aggregate amount of such mone21 tary compensation awarded as a result of with22 drawal of the complaint or other means.

23 (b) REPORT.—

24 (1) IN GENERAL.—Not later than 2 years after

25 the date of enactment of this section, and every year
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1 thereafter, the executive director shall prepare and

2 submit for publication in the Congressional Record

3 a report containing the information described in sub4 section (a).

5 (2) PRESENTATION OF INFORMATION IN THE

6 AGGREGATE.—In preparing the reports described in

7 paragraph (1), the executive director shall not iden8 tify by name parties participating in actions result9 ing from complaints described in subsection (a). The

10 reports shall present information collected under

11 subsection (a) in the aggregate.

12 SEC. 19. POLITICAL AFFILIATION AND PLACE OF RESI13 DENCE.

14 (a) IN GENERAL.—It shall not be a violation to con15 sider the—

16 (1) party affiliation;

17 (2) domicile; or

18 (3) political compatibility with the employing

19 office,

20 of an employee with respect to employment decisions

21 issued under this Act.

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 any of para19 graphs (1) through (4).

20 SEC. 20. OTHER REVIEW.

21 No congressional employee may commence a judicial

22 proceeding to redress practices prohibited under section

23 2 or 4, except as provided in this Act.
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1 SEC. 21. SEVERABILITY.

2 If any provision of this Act or the application of such

3 provision to any person or circumstance is held to be un4 constitutional, the remainder of this Act and the applica5 tion of the provisions of such to any person or cir6 cumstance shall not be affected thereby.

7 SEC. 22. AUTHORIZATION OF APPROPRIATIONS.

8 There are authorized to be appropriated to carry out

9 this Act such sums as may be necessary for fiscal year

10 1995 and each subsequent fiscal year.

11 SEC. 23. DEFINITIONS.

12 As used in this Act:

13 (1) CONGRESSIONAL EMPLOYEE.—The term

14 ‘‘congressional employee’’ means—

15 (A) an employee of the House of Rep16 resentatives;

17 (B) an employee of the Senate; and

18 (C) an employee of an instrumentality.

19 (2) EMPLOYEE OF AN INSTRUMENTALITY.—

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

21 (A) an employee of the Architect of the

22 Capitol (except an employee described in para23 graph (3) or (4)), the Congressional Budget Of24 fice, the General Accounting Office, the Govern25 ment Printing Office, the Library of Congress,
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1 the Office of Technology Assessment, or the

2 United States Botanic Garden;

3 (B) with respect to the application of a

4 provision described in paragraph (4), (5), (6),

5 or (7) of section 2(a), section 2(c), or section

6 2(d), any applicant for a position that will last

7 90 days or more and that is to be occupied by

8 an individual described in subparagraph (A); or

9 (C) any individual who was formerly an

10 employee described in subparagraph (A) and

11 whose claim of a violation arises out of the em12 ployment of the individual by an instrumental13 ity described in subparagraph (A).

14 (3) EMPLOYEE OF THE HOUSE OF REPRESENT15 ATIVES.—The term ‘‘employee of the House of Rep16 resentatives’’ means an individual who was eligible

17 to file a formal complaint with the Office of Fair

18 Employment Practice of the House of Representa19 tives under clause 6 of rule LI of the Rules of the

20 House of Representatives, as in effect on the day be21 fore the date of enactment of this Act. Such term

22 shall only include an applicant for employment with

23 an entity of the House of Representatives with re24 spect to the application of a provision described in
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1 paragraph (4), (5), (6), or (7) of section 2(a), sec2 tion 2(c), or section 2(d).

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

4 ‘‘employee of the Senate’’ means—

5 (A) any employee whose pay is disbursed

6 by the Secretary of the Senate;

7 (B) any employee of the Architect of the

8 Capitol who is assigned to the Senate Res9 taurants or to the Superintendent of the Senate

10 Office Buildings;

11 (C) with respect to the application of a

12 provision described in paragraph (4), (5), (6),

13 or (7) of section 2(a), section 2(c), or section

14 2(d), any applicant for a position that will last

15 90 days or more and that is to be occupied by

16 an individual described in subparagraph (A) or

17 (B); or

18 (D) any individual who was formerly an

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

20 and whose claim of a violation arises out of the

21 individual’s Senate employment.

22 (5) EMPLOYING OFFICE.—The term ‘‘employing

23 office’’ means the office headed by a head of an em24 ploying office.
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1 (6) HEAD OF AN EMPLOYING OFFICE.—The

2 term ‘‘head of an employing office’’ means the indi3 vidual who has final authority to appoint, hire, dis4 charge, and set the terms, conditions, or privileges

5 of the congressional employment of a congressional

6 employee.

7 (7) INSTRUMENTALITY.—The term ‘‘instrumen8 tality’’ means an entity described in paragraph

9 (2)(A).

10 (8) VIOLATION.—The term ‘‘violation’’ means a

11 violation of a provision listed in section 2 or a regu12 lation that takes effect under section 4(c).

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