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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2729 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 2729

To provide for the application of certain employment protection laws to 
                 the Congress, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             July 23, 1993

 Mr. Shays (for himself, Mr. Swett, Mr. Dickey, Mr. Mann, Mr. Bartlett 
 of Maryland, and Mr. McHale) introduced the following bill; which was 
  referred jointly to the Committees on House Administration and Rules

_______________________________________________________________________

                                 A BILL

 
To provide for the application of certain employment protection laws to 
                 the Congress, and for other purposes.

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

SECTION 1. SHORT TITLE.

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

SEC. 2. APPLICATION OF FEDERAL LAWS.

    Any provision of Federal law shall, to the extent that it relates 
to--
            (1) the terms and conditions of employment (including 
        hiring, promotion or demotion, salary and wages, overtime 
        compensation, benefits, work assignments or reassignments, 
        termination, and family and medical leave) of employees,
            (2) protection from discrimination in personnel actions, 
        including discrimination based on--
                    (A) race, color, religion, sex (including marital 
                and parental status), or national origin within the 
                meaning of section 717 of the Civil Rights Act of 1964 
                (42 U.S.C. 20003-16),
                    (B) age within the meaning of section 13 of the Age 
                Discrimination in Employment Act of 1967 (29 U.S.C. 
                633a), or
                    (C) handicap or disability within the meaning of 
                section 501 of the Rehabilitation Act of 1973 (29 
                U.S.C. 791) and sections 102 through 104 of the 
                Americans with Disabilities Act of 1990 (42 U.S.C. 
                12112-14),
            (3) the health and safety of employees, or
            (4) the availability of information to the public,
        apply to the House of Representatives and the Senate 
        (hereinafter in this Act referred to jointly as the 
        ``Congress'') in accordance with section 4.

SEC. 3. OFFICE OF COMPLIANCE.

    (a) Establishment.--There is established in the legislative branch 
for the Congress an Office of Compliance (hereinafter in this Act 
referred to as the ``Office'').
    (b) Composition.--
            (1) In general.--The Office shall be composed of a Board of 
        Directors and staff. The Board of Directors shall consist of 13 
        individuals appointed jointly by the Speaker of the House of 
        Representatives, the majority leader of the Senate, and the 
        minority leaders of the House of Representatives and the 
        Senate. Appointments to the Board of Directors shall be 
        completed not later than 120 days after the date of the 
        enactment of this Act.
            (2) Qualifications.--
                    (A) In general.--The members of the Board of 
                Directors who shall have the general authority 
                described in subsection (c)(1) shall be--
                            (i) 7 individuals with training or 
                        expertise in--
                                    (I) the application of the laws 
                                referred to in section 2 to employment, 
                                and
                                    (II) employment in the Congress, 
                                and
                            (ii) 2 Members of the House of 
                        Representatives, 2 Senators, one employee of 
                        the House of Representatives, and one employee 
                        of the Senate.
                    (B) Specific qualifications.--
                            (i) Lobbying.--No individual who engages 
                        in, or is otherwise employed in, lobbying of 
                        the Congress shall be considered eligible for 
                        appointment to, or service on, the Board of 
                        Directors.
                            (ii) Office.--No member appointed under 
                        subparagraph (A)(i) may hold the position of 
                        Member of the House of Representatives, 
                        Senator, or employee of the House of 
                        Representatives or the Senate
            (3) Political affiliation.--Not more than one Member of the 
        House of Representatives who is a member of the Board of 
        Directors and not more than one Senator who is a member of the 
        Board of Directors may be of the same political party.
            (4) Holding office.--If during a term of office a member of 
        the Board of Directors no longer holds the position qualifying 
        such member or engages in an activity described in paragraph 
        (2)(B)(i), such position shall be declared vacant and a 
        successor shall be selected in accordance with paragraph (2).
            (5) Vacancies.--A vacancy in the Board of Directors shall 
        be filled in the manner in which the original appointment was 
        made.
    (c) Authority.--
            (1) In general.--The 13 members of the Board of Directors 
        appointed under subsection (b)(1) shall have the authority to 
        carry out the functions described in subsections (a), (b), (d), 
        and (e) of section 4.
            (2) Limited authority.--The 7 members of the Board of 
        Directors appointed under subsection (b)(2)(A)(i) shall have 
        the additional authority to carry out the functions of the 
        Office under sections 5 through 12.
    (d) Term of Office.--
            (1) In general.--Except as provided in paragraph (2), 
        membership on the Board of Directors shall be for 5 years.
            (2) First appointments.--Of the members first appointed to 
        the Board of Directors--
                    (A) 3 shall have a term of office of one year,
                    (B) 3 shall have a term of office of 2 years,
                    (C) 3 shall have a term of office of 3 years,
                    (D) 3 shall have a term of office of 4 years, and
                    (E) 3 shall have a term of office of 5 years,
        as designated at the time of appointment by the persons 
        specified in subsection (b)(1).
    (e) Chairman.--The Chairman of the Board of Directors shall be 
appointed from the members of the Board of Directors by the members of 
the Board.
    (f) Basic Pay.--Members of the Board of Directors shall serve 
without pay.
    (g) Staff.--The Board of Directors may appoint and fix the 
compensation of such staff, including hearing officers, as are 
necessary to carry out the Board of Director's functions.
    (h)  Detailees.--The Board of Directors may, with the prior consent 
of the Government department or agency concerned, use on a reimbursable 
or nonreimbursable basis the services of any such department or agency, 
including the services of members or personnel of the General 
Accounting Office Personnel Appeals Board.
    (i)  Consultants.--In carrying out the functions of the Office, the 
Board of Directors may procure the temporary (not to exceed 1 year) or 
intermittent services of individual consultants, or organizations 
thereof.

SEC. 4. BOARD FUNCTIONS.

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

SEC. 5. PROCEDURE FOR CONSIDERATION OF ALLEGED VIOLATIONS.

    The procedure for consideration of alleged violations of laws made 
applicable to Congress under the regulation promulgated under section 
4(a) consists of 4 steps as follows:
            (1) Step I, counseling, as set forth in section 6.
            (2) Step II, mediation, as set forth in section 7.
            (3) Step III, formal complaint and hearing by a hearing 
        board, as set forth in section 8.
            (4) Step IV, judicial review of a hearing board decision, 
        as set forth in section 9.

SEC. 6. STEP I: COUNSELING.

    (a) In General.--A congressional employee alleging a violation of a 
law made applicable to Congress under section 4 may request counseling 
by the Office. The Office shall provide the employee with all relevant 
information with respect to the rights of the employee. A request for 
counseling shall be made not later than 180 days after the alleged 
violation forming the basis of the request for counseling occurred.
    (b) Period of Counseling.--The period for counseling shall be 30 
days unless the employee and the Office agree to reduce the period. The 
period shall begin on the date the request for counseling is received.
    (c) Employees of the Architect of the Capitol and Capitol Police.--
In the case of an employee of the Architect of the Capitol or an 
employee who is a member of the Capitol Police, the Director may refer 
the employee to the Architect of the Capitol or the Capitol Police 
Board for resolution of the employee's complaint through the internal 
grievance procedures of the Architect of the Capitol or the Capitol 
Police Board for a specific period of time, which shall not count 
against the time available for counseling or mediation under this Act.

SEC. 7. STEP II: MEDIATION.

    (a) In General.--Not later than 15 days after the end of the 
counseling period under section 6, the employee who alleged a violation 
of a law made applicable to Congress under section 4 may file a request 
for mediation with the Office. Mediation--
            (1) may include the Office, the employee, the employing 
        office, and individuals who are recommended to the Director by 
        the Federal Mediation and Conciliation Service, and
            (2) shall be a process involving meetings with the parties 
        separately or jointly for the purpose of resolving the dispute 
        between the employee and the employing office.
    (b) Mediation Period.--The mediation period shall be 30 days 
beginning on the date the request for mediation is received and may be 
extended for an additional 30 days at the discretion of the Office. The 
Office shall notify the employee and the head of the employing office 
when the mediation period has ended. For purposes of this section, the 
term ``head of 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 an employee.

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

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

SEC. 9. JUDICIAL REVIEW.

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

SEC. 10. RESOLUTION OF COMPLAINT.

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

SEC. 11. PROHIBITION OF INTIMIDATION.

    Any intimidation of, or reprisal against, any employee by any 
Member, officer, or employee of the Senate, or by the Architect of the 
Capitol, or anyone employed by the Architect of the Capitol, as the 
case may be, because of the exercise of a right under this Act 
constitutes an unlawful employment practice, which may be remedied in 
the same manner under this Act as is a violation of a law made 
applicable to Congress under section 4.

SEC. 12. CONFIDENTIALITY.

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

SEC. 13. TECHNICAL AND CONFORMING AMENDMENTS.

    (a) Civil Rights Act of 1991.--Section 117 and title III of the 
Civil Rights Act of 1991 (2 U.S.C. 60l, 120l et seq.) are repealed.
    (b) Rule of the House of Representatives.--Rule LI of the House of 
Representatives is repealed.
    (c) Fair Labor Standards Amendments of 1989.--Section 8 of the Fair 
Labor Standards Amendments of 1989 is repealed.

SEC. 14. POLITICAL AFFILIATION AND PLACE OF RESIDENCE.

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

SEC. 15. OTHER REVIEW.

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

                                 <all>

HR 2729 IH----2
HR 2729 IH----3
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