I
103D CONGRESS
1ST SESSION
H. R. 2846
To clarify the application of certain employment protection laws to the
Congress, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
AUGUST 3, 1993
Mrs. SCHROEDER (for herself, Ms. SNOWE, and Ms. NORTON) introduced the
following bill; which was referred jointly to the Committees on House Ad-
ministration, Rules, Education and Labor, Government Operations, and
the Judiciary
A BILL
To clarify the application of certain employment protection
laws to the Congress, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Congressional Employ-
ees Fairness Act’’.
SEC. 2. APPLICATION OF FEDERAL LAWS.
(a) LAWS WHICH WILL APPLY.—Within 90 days
after the date final regulations take effect under section
4(a)(2), the following laws shall apply to the Congress:
(1) The Fair Labor Standards Act of 1938 (29
U.S.C. 201 et seq.).
(2) Title VII of the Civil Rights Act of 1964
(42 U.S.C. 2000e et seq.).
(3) Sections 102 through 104 of the Americans
With Disabilities Act of 1990 (42 U.S.C. 12112-
12114).
(4) Section 15 of the Age Discrimination in
Employment Act of 1967 (29 U.S.C. 633a).
(5) The Family and Medical Leave Act of 1993
(29 U.S.C. 2611 et seq.).
(b) LAWS WHICH MAY BE MADE APPLICABLE.—Any
provision of Federal law shall, to the extent that it relates
to—
(1) the terms and conditions of employment (in-
cluding hiring, promotion or demotion, salary and
wages, overtime compensation, benefits, work assign-
ments or reassignments, and termination) of employ-
ees,
(2) protection from discrimination in personnel
actions,
(3) the health and safety of employees,
(4) the availability of information to the public,
or
(5) other areas deemed appropriate by the
Independent Office of Compliance,
apply to the House of Representatives and the Senate
(hereinafter in this Act referred to jointly as the ‘‘Con-
gress’’) in accordance with approval of a recommendation
made under section 4(b).
SEC. 3. OFFICE OF COMPLIANCE.
(a) ESTABLISHMENT.—There is established in the
legislative branch for the Congress an Independent Office
of Compliance (hereinafter in this Act referred to as the
‘‘Office’’).
(b) COMPOSITION.—
(1) IN
GENERAL.—The Office shall be com-
posed of a Board of Directors and staff. The Board
of Directors shall consist of 15 individuals appointed
jointly by the Speaker of the House of Representa-
tives, the Majority Leader of the Senate, and the
Minority Leaders of the House of Representatives
and the Senate after consultation with individuals
who represent the interests of congressional employ-
ees. 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) MEMBERS
WITH
GENERAL
AUTHOR-
ITY.—The members of the Board of Directors
who shall have the authority to carry out the
functions of the Office under this Act shall be
9 individuals appointed under paragraph (1)
from nominations submitted by organizations
the membership of which are primarily com-
posed of individuals experienced in adjudicating
or arbitrating personnel matters. Individuals
nominated by such organizations shall be indi-
viduals with training or expertise in—
(i) the application of the laws referred
to in section 2 to employment, and
(ii) employment in the Congress.
(B) MEMBERS
WITH
LIMITED
AUTHOR-
ITY.—The members of the Board of Directors
who shall have the authority to issue the regu-
lations, conduct the study, and take the con-
tinuing action referred to in subsections (a),
(b), and (c) of section 4 shall be 6 individuals
appointed under paragraph (1) of which 2 shall
be Members of the House of Representatives, 2
shall be Senators, 1 shall be an employee of the
House of Representatives, and 1 shall be an
employee of the Senate.
(C) SPECIFIC QUALIFICATIONS.—
(i) LOBBYING.—No individual who en-
gages in, or is otherwise employed in, lob-
bying 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) may hold the po-
sition of Member of the House of Rep-
resentatives, 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 of-
fice a member of the Board of Directors no longer
holds the position qualifying such member or en-
gages in an activity described in paragraph
(2)(C)(i), such position shall be declared vacant and
a successor shall be selected in accordance with
paragraph (2). If the term of office of a member of
the Board of Directors expires and such member is
a member of a hearing board hearing a complaint
under section 8, such member may continue in office
until the decision or order of the hearing board be-
comes final.
(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 15 members of the
Board of Directors appointed under subsection
(b)(1) shall have the authority to carry out the func-
tions described in subsections (a) and (b) of section
4.
(2) OFFICE.—The 9 members of the Board of
Directors appointed under subsection (b)(2)(A) shall
have the authority to carry out the functions de-
scribed in sections 4 through 10.
(d) TERM OF OFFICE.—
(1) IN GENERAL.—Except as provided in para-
graph (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) 5 shall have a term of office of one
year,
(B) 5 shall have a term of office of 3
years, and
(C) 5 shall have a term of office of 5
years,
as designated at the time of appointment by the per-
sons specified in subsection (b)(1).
(3) REAPPOINTMENT.—A member of the Board
of Directors may not be reappointed.
(e) REMOVAL.—A member of the Board of Directors
may only be removed for cause, including malfeasance in
office, inefficiency, or a violation of subsection (b)(2)(C)(i)
by a vote of a majority of the Board of Directors.
(f) CHAIRMAN.—The Chairman of the Board of Di-
rectors shall be appointed from the members of the Board
of Directors by the members of the Board.
(g) BASIC PAY.—Members of the Board of Directors
shall serve without pay except that members of the Board
of Directors who serve as hearing officers under section
8 shall receive for each day engaged in the performance
of the duties of such an officer compensation at a rate
not to exceed the daily equivalent of the annual rate of
basic pay in effect for grade GS–15 of the General Sched-
ule under subchapter III of chapter 53 of title 5, United
States Code.
(h) STAFF.—The Board of Directors may appoint
and fix the compensation of such staff as are necessary
to carry out the Board of Director’s functions. Appoint-
ments to the staff shall be made on the basis of experience
in labor law and not on political affiliation. Current or
former employees of the Congress are not eligible for ap-
pointment to the staff.
(i) 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, in-
cluding the services of members or personnel of the Gen-
eral Accounting Office Personnel Appeals Board.
(j) CONSULTANTS.—In carrying out the functions of
the Office, the Board of Directors may procure the tem-
porary (not to exceed 1 year) or intermittent services of
individual consultants, or organizations thereof.
SEC. 4. BOARD FUNCTIONS.
(a) REGULATIONS FOR THE APPLICATION OF LAWS
APPLICABLE
TO CONGRESS.—The Board of Directors
shall issue regulations respecting the remedies available
under sections 5 through 10 of this Act to individuals cov-
ered under the laws referred to in section 2(a). Regula-
tions respecting such laws shall be issued within 120 days
of the date of the first appointment of members of the
Board of Directors.
(b) RECOMMENDATIONS
FOR
APPLICATION
OF
LAWS.—
(1) STUDY.—The Board of Directors shall con-
duct a study of the application to Congress of the
laws referred to in section 2(b) and as amended by
section 15 The Board of Directors shall complete
such study and report the results to Congress not
later than 180 days after the date of the first ap-
pointment of the Board of Directors. Act.
(2) RECOMMENDATIONS.—
(A) IN
GENERAL.—Not later than 120
days after the date of the completion of the
study under subsection (a), the Board of Direc-
tors shall, in accordance with section 553 of
title 5, United States Code, make recommenda-
tions to the Congress which specify which of the
laws referred to in section 2(b) should apply to
Congress. Such recommendations—
(i) shall take into account the costs
associated with the application of such
laws to the Congress,
(ii) shall be consistent with the provi-
sion of law made applicable to Congress,
except as otherwise specifically provided in
sections 5 through 13 of this Act, and
(iii) may specify specific dates for the
application of specific laws and may specify
specific means for the application of such
laws.
(B) APPROVAL.—When a recommendation
made under subparagraph (A) is received by
the Congress, it shall be introduced as a joint
resolution in the House of Representatives and
the Senate. Such a joint resolution shall be a
joint resolution which states after the resolving
clause that the Congress approves the rec-
ommendation and includes an appropriate iden-
tification of such recommendation. When such a
joint resolution is introduced in the House of
Representatives it shall be referred to the ap-
propriate committee and when it is introduced
in the Senate it shall be referred to the appro-
priate committee. Subsections (c), (d), (e), and
(f) of section 152 of the Trade Act of 1974 (19
U.S.C. 2912) shall be applicable to such a joint
resolution, except that final action on such rec-
ommendation shall be completed within 45 days
of the date of the submission to Congress of the
joint resolution.
(3) REGULATIONS
FOR
ACTIONS
ON
REC-
OMMENDATIONS.—The Board of Directors shall
issue regulations respecting the remedies available
under sections 5 through 10 of this Act to individ-
uals covered under the laws made applicable to the
Congress by approval of a recommendation made
under paragraph (2). Regulations respecting such
laws shall be issued within 60 days of the date of
the enactment of a law in response to a rec-
ommendation made under paragraph (2).
(c) CONTINUING ACTION.—On an ongoing basis the
Board of Directors shall study the application to the Con-
gress of laws referred to in section 2(b) which are enacted
after the date of the enactment of this Act and may issue
recommendations and regulations with respect to such
laws in accordance with subsection (b).
(d) RULES OF THE OFFICE.—The Board of Directors
shall adopt rules governing the procedures of the Office,
including the procedures under sections 5 through 8,
which shall be submitted for publication in the Congres-
sional 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 such rules.
(e) DUTIES.—The Office shall—
(1) carry out a program of education for Mem-
bers of Congress and other employing authorities of
the Congress respecting the laws made applicable to
them and a program to inform individuals of their
rights under laws applicable to Congress and under
sections 5 through 10,
(2) in carrying out the program under para-
graph (1), distribute the telephone number and ad-
dress of the Office, procedures for action under sec-
tions 5 through 10, and any other information the
Board of Directors deems appropriate for distribu-
tion, distribute such information to Members of Con-
gress and other employing authorities in a manner
suitable for posting, provide such information to new
Congressional employees, distribute such information
to the residences of Congressional employees, and
conduct seminars and other activities designed to
educate employers and employees in such informa-
tion,
(3) compile and publish statistics on the use of
the Office by Congressional employees, including the
number and type of contacts made with the Office,
on the reason for such contacts, on the number of
employees who initiated proceedings with the Office
under sections 5 through 10 and the result of such
proceedings, on the number of employees who filed
a complaint under section 8, the basis for the com-
plaint, and the action taken on the complaint, and
(4) within 180 days of the initial appointment
of the members of the Board of Directors and in
conjunction with the Clerk of the House of Rep-
resentatives and the Secretary of the Senate, develop
a system for the collection of demographic data re-
specting the composition of the employees of the
Congress, including race, sex, and wages, and a sys-
tem for the collection of information on employment
practices, including family leave and flexible work
hours, in Congressional offices.
(f) REPORT.—Within one year of the date the system
referred to in subsection (e)(5) is developed and annually
thereafter, the Board of Directors shall submit to Con-
gress a report on the information collected under such sys-
tem. Each report after the first report shall contain a com-
parison and evaluation of data contained in the previous
report.
(g) IDENTIFICATION
OF DISCRIMINATORY PRAC-
TICES.—From the information collected under subsection
(e)(5) the Board of Directors shall identify discriminatory
wage setting practices in the Congress and promptly re-
port to the Congress such identification together with rec-
ommendations for corrective action.
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 fol-
lows:
(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 alleg-
ing a violation of a law made applicable to Congress under
section 2(a) or 4(b) may request counseling by the Office.
The Office shall provide the employee with all relevant in-
formation with respect to the rights of the employee, in-
cluding the procedures (including deadlines) for claims
under section 8. 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 coun-
seling 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 CAP-
ITOL 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 Con-
gress 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 rec-
ommended 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 HEAR-
ING.—Not later than 30 days after receipt by the Congres-
sional 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 proce-
dures set forth in sections 6 and 7.
(b) HEARING OFFICERS.—A board of 3 hearing offi-
cers (hereinafter in this Act referred to as a ‘‘hearing
board’’), who are chosen by lot from the Board of Direc-
tors (one of whom shall be designated by the Board of
Directors as the presiding hearing officer) shall be as-
signed to consider each complaint filed under subsection
(a). 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 Of-
fice 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 sec-
tions 554 through 557 of title 5, United States
Code.
(e) DISCOVERY.—Reasonable prehearing discovery
shall be permitted at the discretion of the hearing board.
(f) SUBPOENA POWER.—
(1) IN GENERAL.—A hearing board may au-
thorize subpoenas, which shall be issued by the pre-
siding hearing officer on behalf of the hearing board,
for the attendance of witnesses at proceedings of the
hearing board and for the production of correspond-
ence, 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 per-
son refuses to obey a subpoena issued under para-
graph (1), the hearing board may apply to a United
States district court for an order requiring that per-
son to appear before the hearing board to give testi-
mony, 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 Pro-
cedure for the United States district courts.
(4) SERVICE OF PROCESS.—All process of any
court to which application is be made under para-
graph (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 agen-
cy 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 issue a decision in the
matter for which the hearing was held. The decision of
the hearing board 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 evi-
dence 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 hearing
board shall contain a written statement of the reasons for
the Board’s decision.
(h) REMEDY ORDER.—If the hearing board deter-
mines that a violation of a law made applicable to Con-
gress under section 2(a) or 4(b) has occurred, it shall
order such remedies as would be appropriate under the
law which has been violated, including attorneys’ fees. 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 review under
section 9.
SEC. 9. JUDICIAL REVIEW.
(a) IN GENERAL.—Any Congressional employee ag-
grieved 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 ag-
grieved by a final decision under section 8(g) or who would
be subject to an order issued under section 8(h), may peti-
tion 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 sub-
section (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 deci-
sion 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 proce-
dures; 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 preju-
dicial 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) FEES.—In an action brought under subsection
(a), the court may allow the prevailing party a reasonable
attorney’s fees (including expert witness fees) as part of
the costs.
SEC. 10. OTHER REVIEW.
(a) PERSONNEL APPEALS BOARD.—If the judicial re-
view of a dismissal notice, decision, or order under section
8(c), 8(g), or 8(h) under section 9 is held to be unconstitu-
tional, the review of such notice, decision, or order shall
be conducted by the Personnel Appeals Board of the Gen-
eral Accounting Office (hereinafter in this section referred
to as the ‘‘Board’’).
(b) PETITION FOR REVIEW.—Any Congressional em-
ployee 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 Board.
(c) STANDARD OF REVIEW.—To the extent necessary
to decision and when presented, the Board shall decide
all relevant questions of law and interpret constitutional
and statutory provisions. The Board 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 in accordance with law,
(2) made without observance of procedure re-
quired by law, or
(3) unsupported by substantial evidence.
In making the foregoing determinations, the Board shall
review the whole record, or those parts of it cited by a
party, and due account shall be taken of the rule of preju-
dicial 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 pre-
vailing party in a proceeding under this section, attorney’s
fees may be allowed by the Board 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. 11. 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 com-
plaint or the parties may enter into a written agreement,
subject to the approval of the Board of Directors.
SEC. 12. COLLECTION AND PRESERVATION OF DOCU-
MENTS.
Beginning on the date a respondent receives a com-
plaint under section 8 and ending on the date final action
has been taken on the complaint, the respondent shall col-
lect and preserve all documents and other information rel-
evant to such complaint.
SEC. 13. PROHIBITION OF INTIMIDATION.
Any intimidation of, or reprisal against, any employee
by any Member, officer, or employee of the House of Rep-
resentatives or the Senate, or by the Architect of the Cap-
itol, or anyone employed by the Architect of the Capitol,
as the case may be, because of the exercise of a right
under this Act or because of appearance as a witness in
a case 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 2(a) or 4(b).
SEC. 14. 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 alle-
gations.
(b) MEDIATION.—All mediation shall be strictly con-
fidential.
(c) HEARINGS.—Except as provided in subsection
(d), the hearings, deliberations, and decisions of the hear-
ing board shall be confidential.
(d) RELEASE
OF
RECORDS
FOR
REVIEW.—The
records and decisions of hearing boards may be made pub-
lic if required for the purpose of review under section 9
or 10.
SEC. 15. TECHNICAL AND CONFORMING AMENDMENTS.
(a) LAWS REFERRED TO IN SECTION 2(a).—
(1) FAIR LABOR STANDARDS ACT OF 1938.—
(A) DEFINITION.—Section 3(e)(2)(A)(iii)
of the Fair Labor Standards Act of 1938 (29
U.S.C. 203(e)(2)(A)(iii)) is amended to read as
follows:
‘‘(iii) in the Congress or in any unit
of the judicial branch of the Government
which has positions in the competitive serv-
ice,’’.
(B) COVERAGE.—Section 8 of the Fair
Labor Standards Amendments of 1989 is re-
pealed.
(2) TITLE VII OF THE CIVIL RIGHTS ACT OF
1964.—
(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) 
EQUAL
EMPLOYMENT
OPPOR-
TUNITY.—Section 717(a) of the Civil Rights
Act of 1964 (42 U.S.C. 2000e–16(a)) is amend-
ed by striking out ‘‘in those units of the legisla-
tive and judicial branches of the Federal Gov-
ernment having positions in the competitive
service’’ and inserting in lieu thereof ‘‘in all
units of the Congress and in those units of the
judicial branch of the Federal Government hav-
ing positions in the competitive service’’.
(3) AMERICANS
WITH
DISABILITIES
ACT
OF
1990.—Section 509 of the Americans with Disabil-
ities Act of 1990 (42 U.S.C. 12209) is repealed and
section 101 of such Act (42 U.S.C. 12111) is
amended—
(A) in paragraph (5)(B), by striking out
‘‘the United States’’ the first time it appears
and inserting in lieu thereof ‘‘the United States
(except as provided in paragraph (11))’’, and
(B) by adding at the end the following:
‘‘(11) The Congress shall be deemed an employer en-
gaged in an industry affecting commerce.’’.
(4) AGE DISCRIMINATION IN EMPLOYMENT ACT
OF 1967.—Section 11(b) of the Age Discrimination
in Employment Act of 1967 (29 U.S.C. 630(b)) is
amended (A) by striking out ‘‘and’’ before ‘‘(2)’’,
(B) by inserting before ‘‘but’’ the following: ‘‘and (3)
the Congress’’, and (C) by striking out ‘‘the United
States, or’’ and inserting in lieu thereof ‘‘the execu-
tive and judicial branch of the United States, or’’.
(5) FAMILY
AND
MEDICAL
LEAVE
ACT
OF
1993.—Title V of the Family and Medical Leave Act
of 1993 (2 U.S.C. 60m, 60n) is repealed.
(b) LAWS REFERRED TO IN SECTION 2(b).—
(1) OCCUPATIONAL SAFETY AND HEALTH.—
(A) DEFINITION OF EMPLOYER.—Section
3(5) of the Occupational Safety and Health Act
of 1970 (29 U.S.C. 652(5)) is amended by
striking out ‘‘, but does not include the United
States or’’ and inserting in lieu thereof ‘‘and in-
cludes the Congress (to the extent authorized
by a regulation of the Office of Compliance es-
tablished under section 4(c) of the Congres-
sional Accountability Act) but does not include
executive or judicial branch of the Federal Gov-
ernment or’’.
(B) DEFINITION OF EMPLOYEE.—Section
3(6) of such Act (29 U.S.C. 652(6)) is amend-
ed by inserting before the period a comma and
the following: ‘‘and, to the extent authorized by
a regulation of the Office of Compliance estab-
lished under section 4(c) of the Congressional
Accountability Act, the employees of the Con-
gress shall be deemed to be employed in a busi-
ness affecting commerce for the purpose of this
Act’’.
(2) 
FREEDOM
OF
INFORMATION.—Section
552(f) of title 5, United States Code, is amended by
striking out ‘‘or’’ before ‘‘any independent’’ and by
inserting before the period a comma and the follow-
ing: ‘‘or the Congress (to the extent authorized by
a regulation of the Office of Compliance established
under section 4(c) of the Congressional Accountabil-
ity Act)’’.
(3) PRIVACY.—Section 552a(a)(1) of title 5,
United States Code, is amended by striking out
‘‘552(e)’’ and inserting in lieu thereof ‘‘552(f)’’.
(4) AGE DISCRIMINATION.—Section 309(3) of
the Age Discrimination Act of 1975 (42 U.S.C.
6107) is amended by inserting after ‘‘means’’ the
following: ‘‘the Congress (to the extent authorized by
a regulation of the Office of Compliance established
under section 4(c) of the Congressional Accountabil-
ity Act) and’’.
(c) RULE OF THE HOUSE OF REPRESENTATIVES.—
Rule LI of the House of Representatives is repealed.
SEC. 16. POLITICAL AFFILIATION AND PLACE OF RESI-
DENCE.
(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 Rep-
resentatives or Senate elected by the House of Rep-
resentatives or Senate or appointed by a Member of
the 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 oc-
cupied by an individual described in paragraphs (1)
through (4).
SEC. 17. REVIEW LIMIT.
No Congressional employee may commence a judicial
proceeding to redress practices prohibited under a law
made applicable to Congress under section 2(a) or 4(b)
except as provided in this Act.
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