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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 2071 Introduced in Senate (IS)]

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.

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

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Congressional 
Accountability Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title and table of contents.
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.

SEC. 2. APPLICATION OF FEDERAL LAWS.

    (a) Employment.--The following provisions shall apply, except as 
otherwise specifically provided in this Act, to each employing office 
and each congressional employee, in accordance with section 4:
            (1) The Fair Labor Standards Act of 1938 (29 U.S.C. 201 et 
        seq.).
            (2) Chapter 71 of title 5, United States Code (relating to 
        labor-management relations).
            (3) Section 5 of the Occupational Safety and Health Act of 
        1970 (29 U.S.C. 654).
            (4) Section 717 of the Civil Rights Act of 1964 (42 U.S.C. 
        2000e-16).
            (5) Section 15 of the Age Discrimination in Employment Act 
        of 1967 (29 U.S.C. 633a).
            (6) Sections 102 through 104 of the Americans with 
        Disabilities Act of 1990 (42 U.S.C. 12112-12114).
            (7) Section 501 of the Rehabilitation Act of 1973 (29 
        U.S.C. 791).
            (8) Sections 101 through 105 of the Family and Medical 
        Leave Act of 1993 (29 U.S.C. 2601 et seq.).
            (9) The Employee Polygraph Protection Act of 1988 (29 
        U.S.C. 2001 et seq.).
            (10) The Worker Adjustment and Retraining Notification Act 
        (29 U.S.C. 2101 et seq.).
    (b) Information.--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 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.
    (c) Accommodations.--
            (1) In general.--Sections 201 through 203 (except as such 
        section refers to procedures) of the Americans with 
        Disabilities Act of 1990 (42 U.S.C. 12131-12133), shall apply, 
        except as otherwise specifically provided in this Act, to each 
        entity of the legislative branch of the Federal Government that 
        owns, leases, or operates a place of public accommodation (as 
        defined in section 301(7) of such Act (42 U.S.C. 12181(7))), 
        and to each client or customer of the covered public 
        accommodation who is a qualified individual with a disability 
        (as defined in section 201(2) of such Act), in accordance with 
        section 4.
            (2) Application.--For purposes of the application of such 
        sections under this Act--
                    (A) references in this Act to an employing office 
                shall be deemed to include such an entity; and
                    (B) references in this Act--
                            (i) to an employee of the House of 
                        Representatives shall be deemed to include 
                        references to such a client or customer of such 
                        an entity of the House of Representatives;
                            (ii) to an employee of the Senate shall be 
                        deemed to include references to such a client 
                        or customer of such an entity of the Senate; 
                        and
                            (iii) to an employee of an instrumentality 
                        shall be deemed to include references to such a 
                        client or customer of such an entity of the 
                        instrumentality.
    (d) Employment Under Federal Contracts.--
            (1) In general.--Section 503 of the Rehabilitation Act of 
        1973 (29 U.S.C. 793) shall apply, except as otherwise 
        specifically provided in this Act, to each party contracting 
        with an entity of the legislative branch of the Federal 
        Government and to each applicant for employment, employee, or 
        former employee, of such party, in accordance with section 4.
            (2) Application.--For purposes of the application of such 
        sections under this Act--
                    (A) references in this Act to an employing office 
                shall be deemed to include such a party; and
                    (B) references in this Act--
                            (i) to an employee of the House of 
                        Representatives shall be deemed to include 
                        references to such an applicant, employee, or 
                        former employee of a party contracting with an 
                        entity of the House of Representatives;
                            (ii) to an employee of the Senate shall be 
                        deemed to include references to such an 
                        applicant, employee, or former employee of a 
                        party contracting with an entity of the Senate; 
                        and
                            (iii) to an employee of an instrumentality 
                        shall be deemed to include references to such 
                        an applicant, employee, or former employee of a 
                        party contracting with the instrumentality.

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.--
                    (A) Appointment.--There shall be a Board of 
                Directors in the Office (referred to in this Act as the 
                ``Board of Directors''). The Board of Directors shall 
                consist of 8 individuals, of which 2 shall be appointed 
                by the Speaker of the House of Representatives, 2 shall 
                be appointed by the Majority Leader of the Senate, 2 
                shall be appointed by the Minority Leader of the House 
                of Representatives, and 2 shall be appointed by the 
                Minority Leader of 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.
                    (B) Removal.--Any member of the Board of Directors 
                may be removed by a majority decision of the appointing 
                authorities described in subparagraph (A), only for--
                            (i) disability that substantially prevents 
                        the member from carrying out the duties of such 
                        a member;
                            (ii) incompetence;
                            (iii) neglect of duty;
                            (iv) malfeasance; or
                            (v) a felony or conduct involving moral 
                        turpitude.
            (2) Qualifications.--
                    (A) In general.--The Board of Directors shall be 
                composed of individuals with training or expertise 
                related to the provisions referred to in section 2, and 
                the application of the provisions referred to in 
                section 2.
                    (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 current, or former, Member 
                        of the House of Representatives or Senator may 
                        be appointed as a member of the Board of 
                        Directors. No congressional employee may be so 
                        appointed within 6 years of any employment by 
                        any office of the legislative branch of the 
                        Federal Government.
            (3) 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.--The members of the Board of Directors shall have 
the authority to carry out the functions described in subsections (a), 
(b), (d), and (e) of section 4, and the functions described in sections 
8(f), 11, and 12.
    (d) Term of Office.--
            (1) In general.--Except as provided in paragraph (2), each 
        member of the Board of Directors shall be appointed for 1 term 
        of 5 years.
            (2) First appointments.--Of the members first appointed to 
        the Board of Directors--
                    (A) 1 member appointed by the Speaker of the House 
                of Representatives and 1 member appointed by the 
                Minority Leader of the Senate shall be appointed to a 
                term of 1 year;
                    (B) 1 member appointed by the Minority Leader of 
                the House of Representatives and 1 member appointed by 
                the Majority Leader of the Senate shall be appointed to 
                a term of 2 years;
                    (C) 1 member appointed by the Minority Leader of 
                the House of Representatives and 1 member appointed by 
                the Majority Leader of the Senate shall be appointed to 
                a term of 3 years;
                    (D) 1 member appointed by the Minority Leader of 
                the Senate shall be appointed to a term of 4 years; and
                    (E) 1 member appointed by the Speaker of the House 
                of Representatives shall be appointed to a term of 5 
                years.
    (e) Chairperson.--The Board of Directors shall elect a Chairperson 
from among the members of the Board.
    (f) Compensation of Members.--Each member of the Board of Directors 
shall be compensated at a rate equal to the daily equivalent of the 
annual rate of basic pay prescribed for level V of the Executive 
Schedule under section 5316 of title 5, United States Code, for each 
day (including travel time) during which such member is engaged in the 
performance of the duties of the Board.
    (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) Executive Director.--
            (1) In general.--The Chairperson of the Board of Directors 
        shall appoint and may terminate, subject to the approval of the 
        Board of Directors, an executive director (referred to in this 
        Act as the ``executive director'').
            (2) Compensation.--The Chairperson of the Board of 
        Directors may fix the compensation of the executive director. 
        The rate of pay for the executive director may not exceed the 
        annual rate of basic pay prescribed for level V of the 
        Executive Schedule under section 5316 of title 5, United States 
        Code.
            (3) Duties.--Except as otherwise specified in this Act, the 
        executive director shall carry out the responsibilities of the 
        Office under sections 6, 7, 8, 9, 11, 12, 14, 16, 17, and 18.
    (i) Staff.--
            (1) In general.--The executive director shall appoint and 
        may terminate such other additional staff as may be necessary 
        to enable the Board to perform its duties.
            (2) Compensation.--The executive director may fix the 
        compensation of the staff. The rate of pay for the staff may 
        not exceed the annual rate of basic pay prescribed for level V 
        of the Executive Schedule under section 5316 of title 5, United 
        States Code.
    (j)  Detailees.--The executive director may, with the prior consent 
of the Government department or agency concerned, use on a 
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.
    (k)  Consultants.--In carrying out the functions of the Office, the 
executive director 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) Regulations.--
                    (A) In general.--Not later than 180 days after the 
                appointment of the executive director, the Board of 
                Directors shall, in accordance with section 553 of 
                title 5, United States Code, issue regulations that 
                specify the manner in which the provisions referred to 
                in section 2 shall be implemented to ensure that 
                offices described in such section comply with such 
                provisions. In addition to publishing a general notice 
                of proposed rulemaking under section 553(b) of title 5, 
                United States Code, the Board of Directors shall 
                concurrently submit such notice for publication in the 
                Congressional Record, prior to issuing such 
                regulations.
                    (B) Requirements.--Such regulations--
                            (i) shall be consistent with the 
                        regulations issued by an agency of the 
                        executive branch of the Federal Government with 
                        respect to such provisions, including portions 
                        relating to remedies, except as otherwise 
                        specifically provided;
                            (ii) may specify specific dates for the 
                        application of specific provisions and may 
                        specify specific means for the application of 
                        such provisions; and
                            (iii) in specifying the manner in which the 
                        provision described in section 2(a)(3) shall 
                        apply to the offices or employees described in 
                        section 2(a), shall take into account the costs 
                        associated with the application of such 
                        provision to the offices or employees.
                    (C) Information regulations.--In proposing 
                regulations for the application of any provision 
                referred to in section 2(b) to offices of the 
                legislative branch and information in the possession of 
                such offices, the Board of Directors shall be guided by 
                judicial decisions under such provision.
            (2) Amendments and repeals.--When proposing regulations 
        under paragraph (1) to apply a provision described in section 2 
        to employees and offices described in section 2, the Board of 
        Directors shall recommend to the Congress any necessary changes 
        in or repeals of existing law to accommodate the application of 
        such provision to the employees and offices.
    (b) Continuing Action.--Two years after the date on which the first 
executive director is appointed under section 3(h), and every 2 years 
thereafter, the Board of Directors shall--
            (1) study provisions of Federal law relating to employment, 
        personnel actions, or availability of information to the 
        public, that are similar to the provisions described in section 
        2 and that do not apply to some or all congressional employees, 
        employing offices, or offices of the legislative branch of the 
        Federal Government; and
            (2) recommend to the Congress whether any of the provisions 
        should be applied to employees or offices described in 
        paragraph (1).
    (c) Congressional Disapproval.--
            (1) In general.--
                    (A) House of representatives.--
                            (i) In general.--Regulations issued by the 
                        Board of Directors under subsection (a) that 
                        relate to the House of Representatives shall 
                        take effect, and shall apply to each employee 
                        of the House of Representatives, and each 
                        office of the House of Representatives 
                        described in section 2, on the date of issuance 
                        of such regulations unless disapproved by the 
                        Congress by concurrent resolution.
                            (ii) Introduction and content 
                        requirements.--Such resolution shall be 
                        introduced after the date on which the Board of 
                        Directors publishes the general notice of 
                        proposed rulemaking relating to the 
                        regulations. The matter after the resolving 
                        clause of the resolution shall be as follows: 
                        ``That Congress disapproves the issuance of 
                        regulations of the Office of Compliance as 
                        proposed on ____________ (the blank space being 
                        appropriately filled in).''.
                    (B) Senate.--Regulations issued by the Board of 
                Directors under subsection (a) that relate to the 
                Senate shall take effect, and shall apply to each 
                employee of the Senate, and each office of the Senate 
                described in section 2, on the date of issuance of such 
                regulations unless disapproved by the Congress by 
                concurrent resolution. Such resolution shall comply 
                with the requirements of subparagraph (A)(ii).
                    (C) Instrumentalities.--Regulations issued by the 
                Board of Directors under subsection (a) that relate to 
                the instrumentalities shall take effect, and shall 
                apply to each employee of an instrumentality, and each 
                office of such an instrumentality described in section 
                2, on the date of issuance of such regulations unless 
                disapproved by the Congress by joint resolution. Such 
                resolution shall comply with the requirements of 
                subparagraph (A)(ii).
            (2) Rulemaking.--The provisions of this subsection are 
        enacted by the Congress, and regulations issued by the Board of 
        Directors are so issued--
                    (A) with respect to the application of this 
                subsection, and regulations issued by the Board of 
                Directors, to regulations affecting employees or 
                offices of the House of Representatives, as an exercise 
                of the rulemaking power of the House, with full 
                recognition of the constitutional right of the House to 
                change its rules (so far as the rules relate to the 
                procedure of the House), 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, and the regulations issued by the Board of 
                Directors, to regulations affecting employees or 
                offices of the Senate, as an exercise of the rulemaking 
                power of the Senate, with full recognition of the 
                constitutional right of the Senate to change its rules 
                (so far as the rules relate to the procedure of the 
                Senate), in the same manner, and to the same extent, as 
                in the case of any other rule of the Senate.
    (d) Rules of the Office.--
            (1) In general.--The Board of Directors shall, in 
        accordance with section 553 of title 5, United States Code, 
        issue rules governing the procedures of the Office, including 
        the procedures of hearing boards. The Board of Directors may 
        issue amendments to the rules in the same manner. In addition 
        to publishing a general notice of proposed rulemaking under 
        section 553(b) of title 5, United States Code, the Board of 
        Directors shall concurrently submit such notice for publication 
        in the Congressional Record, prior to issuing such regulations.
            (2) Meetings and voting.--Such rules shall require that the 
        Board of Directors meet not less often than 4 times annually in 
        the District of Columbia, and shall ban voting by proxy by 
        members of the Board.
            (3) Consultation.--The Board of Directors may consult with 
        the Chairman of the Administrative Conference of the United 
        States on the proposal of such rules.
    (e) Information Program.--The Board of Directors shall carry out 
such an 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 provision 
relating to remedies, made applicable to the legislative branch of the 
Federal Government under this section.

SEC. 5. PROCEDURE FOR CONSIDERATION OF ALLEGED VIOLATIONS OF CIVIL 
              RIGHTS AND PERSONNEL REQUIREMENTS.

    (a) In General.--The procedure for consideration of alleged 
violations (except as provided in sections 11 and 12 and including 
violations of section 11(c) of the Occupational Safety and Health Act 
of 1970) (29 U.S.C. 660(c)) consists of the following:
            (1) Step I, counseling, as set forth in section 6.
            (2) Step II, mediation, as set forth in section 7.
            (3) At the election of the employee alleging the 
        violation--
                    (A)(i) step IIIA, formal complaint and hearing by a 
                hearing board, as set forth in section 8; and
                    (ii) step IV, judicial review of a hearing board 
                decision by the United States Court of Appeals for the 
                Federal Circuit, as set forth in section 9; or
                    (B) step IIIB, a civil action in a district court 
                of the United States, as set forth in section 10.
    (b) Construction.--Nothing in this section shall be construed to 
prohibit inspections under section 17.

SEC. 6. STEP I: COUNSELING.

    (a) In General.--A congressional employee alleging a violation 
described in section 5(a) 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.

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 
described in section 5(a) 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 executive 
        director by the Federal Mediation and Conciliation Service or 
        by the Administrative Conference of the United States; 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 IIIA: FORMAL COMPLAINT AND HEARING.

    (a) In General.--
            (1) Formal complaint.--A congressional employee may, within 
        30 days after receipt of notice from the Office of the end of 
        the mediation period under section 7, file a formal 
        administrative complaint with the Office as provided in this 
        section.
            (2) Exhaustion requirement.--No administrative 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, heads of employing offices, 
or congressional employees, chosen by the Office (one of whom shall be 
designated by the Office as the presiding hearing officer) shall be 
assigned to consider each complaint filed under subsection (a). The 
Office shall appoint hearing officers after considering any candidates 
who are recommended to the executive 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), or at any time prior to the issuance of a decision 
under subsection (g), 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.--At the request of a hearing board, the 
        Chairperson of the Board of Directors, acting at the direction 
        of a majority of the Board of Directors, may issue subpoenas 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 Chairperson of 
        the Board of Directors, acting at the direction of a majority 
        of the Board of Directors, 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 may 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.--The hearing board shall issue a written decision as 
expeditiously as possible, but in no case more than 45 days after the 
conclusion of the hearing. The written decision 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 described 
in section 5(a) has occurred.
    (h) Remedy Order.--If the hearing board determines that a violation 
described in section 5(a) has occurred, it shall order such remedies as 
are authorized under the regulations promulgated under section 4. The 
hearing board 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.
    (i) Precedents and Interpretations.--A hearing board that conducts 
such a hearing relating to the protections of an Act referred to in 
section 2 shall be guided by judicial decisions under such Act.

SEC. 9. STEP IV: JUDICIAL REVIEW.

    (a) Court of Appeals.--
            (1) In general.--Following any administrative hearing 
        convened under section 8(d), any congressional employee or any 
        head of an employing office aggrieved by a dismissal under 
        section 8(c), a final decision under section 8(g), or an order 
        under section 8(h), may petition for a review by the United 
        States Court of Appeals for the Federal Circuit.
            (2) Law applicable.--Chapter 158 of title 28, United States 
        Code, shall apply to a review under paragraph (1) except that--
                    (A) with respect to section 2344 of title 28, 
                United States Code, service of the petition shall be on 
                the House or Senate Legal Counsel, or the appropriate 
                entity of an instrumentality, as the case may be, 
                rather than on the Attorney General;
                    (B) the provisions of section 2348 of title 28, 
                United States Code, on the authority of the Attorney 
                General, shall not apply;
                    (C) 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 an order under 
                section 8(h);
                    (D) the Office shall be an ``agency'' as that term 
                is used in chapter 158 of title 28, United States Code; 
                and
                    (E) the Office shall be the respondent in any 
                proceeding under paragraph (1).
            (3) 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 an order under section 8(h) if 
        it is determined that the decision or order was--
                    (A) arbitrary, capricious, an abuse of discretion, 
                or otherwise not consistent with law;
                    (B) not made consistent with required procedures; 
                or
                    (C) unsupported by substantial evidence.
            (4) Record.--In making determinations under paragraph (3), 
        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.
    (b) Attorney's Fees.--If a congressional employee is the prevailing 
party in a proceeding under this section relating to a provision 
referred to in section 2, attorney's fees may be allowed by the court 
in accordance with any standards prescribed under Federal law for the 
award of such fees in the event of a violation of such provision.

SEC. 10. STEP IIIB: CIVIL ACTION.

    (a) In General.--
            (1) Civil action.--An employee may within 30 days after 
        receipt of notice from the Office of the end of the mediation 
        period under section 7 for violations described in section 5(a) 
        bring a civil action in a district court of the United States 
        seeking relief from the alleged violation of law. In any such 
        civil action, any party may demand a jury trial.
            (2) Exhaustion requirement.--No civil action may be filed 
        under paragraph (1) unless the employee has made a timely 
        request for counseling and has completed the procedures set 
        forth in sections 6 and 7.
            (3) Court order.--If a court determines that a violation of 
        law occurred, the court may only enter an order described in 
        section 8(h).
    (b) Attorney's Fees.--If a congressional employee is the prevailing 
party in a proceeding under this section relating to a provision 
referred to in section 2, attorney's fees may be allowed by the court 
in accordance with any standards prescribed under Federal law for the 
award of such fees in the event of a violation of such provision.

SEC. 11. PROCEDURES FOR CONSIDERATION OF ALLEGED VIOLATIONS RELATING TO 
              INFORMATION REQUIREMENTS.

    (a) Procedures for Violations Relating to Information 
Requirements.--In proposing regulations under section 4 for the 
application of provisions described in section 2(b), the Board of 
Directors shall propose regulations that specify the procedure for 
consideration by the Office of alleged violations of the provisions. 
Such regulations shall provide, at a minimum, for procedures similar to 
the procedures described in section 552 of title 5, United States Code.
    (b) Court 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 under the 
procedures described in subsection (a), 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)(4) of title 
5, United States Code.
    (c) Attorney's Fees.--If a congressional employee is the prevailing 
party in a proceeding under this section relating to a provision 
referred to in section 2(b), attorney's fees may be allowed by the 
court in accordance with any standards prescribed under Federal law for 
the award of such fees in the event of a violation of such provision.

SEC. 12. PROCEDURES FOR CONSIDERATION OF ALLEGED VIOLATION RELATING TO 
              LABOR MANAGEMENT AND OCCUPATIONAL HEALTH AND SAFETY 
              REQUIREMENTS.

    (a) Procedures for Violations Relating to Labor Management 
Requirements and Occupational Safety and Health Requirements.--
            (1) Procedures for violations relating to labor-management 
        relations.--In proposing regulations under section 4 for the 
        application of provisions described in section 2(a)(2), the 
        Board of Directors shall propose regulations that specify the 
        procedure for consideration by the Office of alleged violations 
        of the provisions. Such regulations shall prescribe, at a 
        minimum, for procedures similar to the procedures described in 
        sections 7118, 7119, 7121, and 7122 of title 5, United States 
        Code.
            (2) Procedures for violations relating to occupational 
        safety and health requirements.--In proposing regulations under 
        section 4 for the application of provisions described in 
        section 2(a)(3), the Board of Directors shall propose 
        regulations that specify the procedure for consideration by the 
        Office of alleged violations of the provisions. Such 
        regulations shall provide, at a minimum, for procedures similar 
        to the procedures described in sections 8, 9, 10, and 17 of the 
        Occupational Safety and Health Act of 1970 (29 U.S.C. 657, 658, 
        659, and 666).
    (b) Court Review.--
            (1) In general.--Any congressional employee or head of an 
        employing office aggrieved by any dismissal, order, or decision 
        issued after procedures described in subsection (a) relating to 
        a provision described in paragraph (2) or (3) of section 2(a), 
        may petition for review by the United States Court of Appeals 
        for the Federal Circuit.
            (2) Law applicable.--Chapter 158 of title 28, United States 
        Code, shall apply to a review under paragraph (1) except that--
                    (A) with respect to section 2344 of title 28, 
                United States Code, service of the petition shall be on 
                the House or Senate Legal Counsel, or the appropriate 
                entity of an instrumentality, as the case may be, 
                rather than on the Attorney General;
                    (B) the provisions of section 2348 of title 28, 
                United States Code, on the authority of the Attorney 
                General, shall not apply;
                    (C) the petition for review shall be filed not 
                later than 90 days after the entry in the Office of any 
                decision or order issued after procedures described in 
                subsection (a);
                    (D) the Office shall be an ``agency'' as that term 
                is used in chapter 158 of title 28, United States Code; 
                and
                    (E) the Office shall be the respondent in any 
                proceeding under paragraph (1).
            (3) 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 any decision or 
        order issued after procedures described in subsection (a), if 
        it is determined that the decision or order was--
                    (A) arbitrary, capricious, an abuse of discretion, 
                or otherwise not consistent with law;
                    (B) not made consistent with required procedures; 
                or
                    (C) unsupported by substantial evidence.
            (4) Record.--In making determinations under paragraph (3), 
        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 any decisionmaker under the procedures described 
        in subsection (a), the decision of the decisionmaker, and the 
        order of the decisionmaker.
    (c) Attorney's Fees.--If a congressional employee is the prevailing 
party in a proceeding under this section relating to a provision 
referred to in paragraph (2) or (3) of section 2(a), attorney's fees 
may be allowed by the court in accordance with any standards prescribed 
under Federal law for the award of such fees in the event of a 
violation of such provision.
    (d) Construction.--Nothing in this section shall be construed to 
prohibit inspections under section 17.

SEC. 13. INFORMATION REQUIREMENTS.

    (a) Exemption.--The provisions referred to in section 2(b) shall 
not apply to the offices described in subsection (b), or any 
information in the possession of the offices described in subsection 
(b).
    (b) Offices.--The offices referred to in subsection (a) shall 
consist of the following:
            (1) The personal offices of Members of the House of 
        Representatives or of Members of the Senate.
            (2) The offices of standing, select, special, joint, and 
        other committees of Congress.
            (3) The offices of the President pro tempore of the Senate, 
        the President of the Senate, or the Majority Leader of the 
        House of Representatives.
            (4) The offices and support organizations of the other 
        leaders of the House of Representatives or of the Senate.
            (5) The offices of any caucus or partisan organization 
        related to the Congress.
            (6) The offices of the Legislative Counsel of the House of 
        Representatives or of the Senate.
            (7) The Office of Legislative Operations of the House of 
        Representatives.
            (8) The office of the Parliamentarian of the House of 
        Representatives or of the Senate.
            (9) The offices of the Doorkeepers of the House of 
        Representatives or of the Senate.
            (10) The offices of the Clerks of the House of 
        Representatives or of the Senate.
            (11) The office of the General Counsel of the House of 
        Representatives.
            (12) The Office of Legislative Information of the House of 
        Representatives.
            (13) The offices of the Legal Counsel of the House of 
        Representatives or of the Senate.
            (14) The offices of the Attending Physicians of the House 
        of Representatives or of the Senate.
            (15) The escort assistance division of the Capitol Police.
            (16) Any staff organization.
            (17) Any other office to which the Board of Directors 
        determines, by regulation issued in accordance with section 4, 
        that the provisions described in section 2(b) shall not apply.

SEC. 14. RESOLUTION OF COMPLAINT.

    (a) Employment.--If, after a formal complaint is filed under 
section 8 or in accordance with the procedures described in section 
12(a), 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 
executive director.
    (b) Information.--If, after a formal complaint is filed in 
accordance with the procedures described in section 11(a), the office 
of the legislative branch and the petitioner seeking information from 
the office resolve the issues involved, the petitioner may withdraw the 
complaint or the parties may enter into a written agreement, subject to 
the approval of the executive director.

SEC. 15. PROHIBITION OF INTIMIDATION.

    Any intimidation of, or reprisal against, a congressional employee 
by any Member or officer of the House of Representatives or of the 
Senate, any head of an employing office, or any congressional employee, 
as the case may be, because of the exercise of a right under this Act 
relating to a provision described in section 2, constitutes an unlawful 
employment practice, which may be remedied, except as provided in 
section 5(a), in the same manner under this Act as is a violation 
relating to such provision.

SEC. 16. CONFIDENTIALITY.

    (a) Counseling.--All counseling conducted under this Act 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 conducted under this Act shall be 
strictly confidential.
    (c) Hearings.--Except as provided in subsections (d) and (e), the 
hearings and deliberations of hearing boards (including any 
decisionmaker under procedures described in section 11(a) or 12(a)) 
shall be confidential.
    (d) Release of Records for Judicial Review.--The records of such 
hearing boards may be made public if required for the purpose of 
judicial review under section 9, 10, 11, or 12.
    (e) Access by Committees of Congress.--At the discretion of the 
executive director, the executive director may provide to the Committee 
on Standards of Official Conduct of the House of Representatives and 
the Select Committee on Ethics of the Senate access to the records of 
the hearings and decisions of the hearing boards, including all written 
and oral testimony in the possession of the hearing boards, concerning 
a decision under section 8(g) or any decision or order issued after 
procedures described in section 11(a) or 12(a). The executive director 
shall not provide such access until the executive director has 
consulted with the individual filing the complaint at issue in the 
hearing, and until the hearing board has issued the decision.

SEC. 17. INSPECTIONS.

    (a) In General.--On a regular basis, and at least once during each 
Congress, the Office shall request that the Secretary of Labor and the 
Architectural and Transportation Barriers Compliance Board detail to 
the Office such personnel as may be necessary to inspect the facilities 
of the legislative branch of the Federal Government in order to ensure 
compliance with the Occupational Safety and Health Act of 1970, the 
Fair Labor Standards Act of 1938, and title II of the Americans with 
Disabilities Act of 1990.
    (b) Date and Scope of Inspections.--The Office shall determine the 
dates and scope of such inspections, in accordance with regulations 
issued in accordance with section 4.
    (c) Report.--After conducting such an inspection, the Office shall 
prepare and submit for publication in the Congressional Record a report 
containing information on the results of the inspection.

SEC. 18. COLLECTION OF INFORMATION.

    (a) Collection.--The executive director shall collect information 
with respect to complaints filed under section 8 or under procedures 
described in section 11(a) or 12(a), including--
            (1) the total number of such complaints;
            (2) the number of such complaints that allege--
                    (A) discrimination on the basis of race or color;
                    (B) discrimination on the basis of sex;
                    (C) discrimination on the basis of religion;
                    (D) discrimination on the basis of national origin;
                    (E) discrimination on the basis of disability;
                    (F) discrimination on the basis of age;
                    (G) a violation of the Fair Labor Standards Act of 
                1938;
                    (H) a violation of chapter 71 of title 5, United 
                States Code;
                    (I) a violation of the Occupational Safety and 
                Health Act of 1970;
                    (J) a violation of the Family and Medical Leave Act 
                of 1993;
                    (K) a violation of the Employee Polygraph 
                Protection Act of 1988;
                    (L) a violation of the Worker Adjustment and 
                Retraining Notification Act; or
                    (M) a violation of section 552 of title 5, United 
                States Code (commonly known as the ``Freedom of 
                Information Act''), or section 552a of title 5, United 
                States Code (commonly known as the ``Privacy Act of 
                1974'');
            (3) the number of such complaints that were resolved by--
                    (A) settlement;
                    (B) a decision following a hearing under section 8 
                or under procedures described in section 11(a) or 
                12(a); or
                    (C) withdrawal of the complaint, or other means; 
                and
            (4) for each category of allegations described in 
        subparagraphs (A) through (M) of paragraph (2)--
                    (A) the aggregate amount of monetary compensation 
                (including damages, equitable monetary relief, and 
                interest) awarded as a result of settlement;
                    (B) the aggregate amount of such monetary 
                compensation awarded as a result of a decision 
                described in paragraph (3)(B); and
                    (C) the aggregate amount of such monetary 
                compensation awarded as a result of withdrawal of the 
                complaint or other means.
    (b) Report.--
            (1) In general.--Not later than 2 years after the date of 
        enactment of this section, and every year thereafter, the 
        executive director shall prepare and submit for publication in 
        the Congressional Record a report containing the information 
        described in subsection (a).
            (2) Presentation of information in the aggregate.--In 
        preparing the reports described in paragraph (1), the executive 
        director shall not identify by name parties participating in 
        actions resulting from complaints described in subsection (a). 
        The reports shall present information collected under 
        subsection (a) in the aggregate.

SEC. 19. 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 issued under this 
Act.
    (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 any of paragraphs (1) through (4).

SEC. 20. OTHER REVIEW.

    No congressional employee may commence a judicial proceeding to 
redress practices prohibited under section 2 or 4, except as provided 
in this Act.

SEC. 21. SEVERABILITY.

    If any provision of this Act or the application of such provision 
to any person or circumstance is held to be unconstitutional, the 
remainder of this Act and the application of the provisions of such to 
any person or circumstance shall not be affected thereby.

SEC. 22. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this Act such 
sums as may be necessary for fiscal year 1995 and each subsequent 
fiscal year.

SEC. 23. 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)), 
                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) with respect to the application of a provision 
                described in paragraph (4), (5), (6), or (7) of section 
                2(a), section 2(c), or section 2(d), 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 Rules of the 
        House of Representatives, as in effect on the day before the 
        date of enactment of this Act. Such term shall only include an 
        applicant for employment with an entity of the House of 
        Representatives with respect to the application of a provision 
        described in paragraph (4), (5), (6), or (7) of section 2(a), 
        section 2(c), or section 2(d).
            (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) with respect to the application of a provision 
                described in paragraph (4), (5), (6), or (7) of section 
                2(a), section 2(c), or section 2(d), 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 congressional employment of a congressional 
        employee.
            (7) Instrumentality.--The term ``instrumentality'' means an 
        entity described in paragraph (2)(A).
            (8) Violation.--The term ``violation'' means a violation of 
        a provision listed in section 2 or a regulation that takes 
        effect under section 4(c).

                                 <all>

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