IV
House Calendar No. 245
103D CONGRESS
2D SESSION
H. RES. 571
[Report No. 103–841]
Amending the Rules of the House of Representatives to apply certain laws
to the House of Representatives, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
OCTOBER 6 (legislative day, OCTOBER 5), 1994
Mr. MOAKLEY, from the Committee on Rules, reported the following resolu-
tion; which was referred to the House Calendar and ordered to be printed
RESOLUTION
Amending the Rules of the House of Representatives to
apply certain laws to the House of Representatives, and
for other purposes.
Resolved,
SECTION 1. APPLICATION OF CERTAIN LAWS TO THE
HOUSE OF REPRESENTATIVES.
The Rules of the House of Representatives are
amended by adding at the end the following new rule:
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‘‘RULE LII.
‘‘APPLICATION OF CERTAIN LAWS.
‘‘1. There is established an Office of Compliance
which shall have a Board of Directors consisting of 5 indi-
viduals appointed jointly by the Speaker and the minority
leader. Appointments of the first 5 members of the Board
of Directors shall be completed not later than 120 days
after the beginning of the One Hundred Fourth Congress.
‘‘2. (a) The Office of Compliance shall carry out the
duties and functions set forth in sections 2 through 16
of House Resolution ll, One Hundred Third Congress,
including the issuance of regulations, to implement the re-
quirements of the following laws to the House of Rep-
resentatives:
‘‘(1) The Fair Labor Standards Act of 1938
(29 U.S.C. 201 et seq.), effective at the beginning
of the second session of the One Hundred Fourth
Congress.
‘‘(2) Title VII of the Civil Rights Act of 1964
(42 U.S.C. 2000e et seq.), effective at the beginning
of the second session of the One Hundred Fourth
Congress.
‘‘(3) The Americans With Disabilities Act of
1990 (42 U.S.C. 12101 et seq.), effective at the be-
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ginning of the second session of the One Hundred
Fourth Congress.
‘‘(4) The Age Discrimination in Employment
Act of 1967 (29 U.S.C. 621 et seq.) (including rem-
edies available to private employees), effective at the
beginning of the second session of the One Hundred
Fourth Congress.
‘‘(5) Titles I and V of the Family and Medical
Leave Act of 1993 (29 U.S.C. 2611 et seq.), effec-
tive at the beginning of the second session of the
One Hundred Fourth Congress.
‘‘(6) The Occupational Safety and Health Act
of 1970 (other than section 19) (29 U.S.C. 651 et
seq.) (subject to paragraph (c)), effective at the be-
ginning of the One Hundred Fifth Congress.
‘‘(7) Chapter 71 (relating to Federal labor
management relations) of title 5, United States
Code, effective at the beginning of the One Hundred
Fifth Congress.
‘‘(8) The Employee Polygraph Protection Act of
1988 (29 U.S.C. 2001 et seq.), effective at the be-
ginning of the second session of the One Hundred
Fourth Congress, except that this Act shall not
apply to the United States Capitol Police.
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‘‘(9) The Worker Adjustment and Retraining
Notification Act (29 U.S.C. 2101 et seq.), effective
at the beginning of the second session of the One
Hundred Fourth Congress.
‘‘(10) The Rehabilitation Act of 1973 (29
U.S.C. 791), effective at the beginning of the second
session of the One Hundred Fourth Congress.
‘‘(b) Any provision of Federal law shall, to the extent
that it relates to the terms and conditions of employment
(including hiring, promotion or demotion, salary and
wages, overtime compensation, benefits, work assignments
or reassignments, termination, protection from discrimina-
tion in personnel actions, health and safety of employees,
and family and medical leave) of employees apply to the
House in accordance with this rule.
‘‘(c) The House shall comply with the Occupational
Safety and Health Act of 1970 as follows: If a citation
of a violation of such Act is received, action to abate the
violation shall take place as soon as possible, but no later
than the fiscal year following the fiscal year in which the
citation is issued, subject to the availability of funds ap-
propriated for that purpose after the receipt of the
citation.
‘‘3. (a)(1) The Chairperson of the Board of Directors
of the Office shall appoint, may establish the compensa-
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tion of, and may terminate, subject to the approval of the
Board of Directors, an Executive Director (referred to in
this rule as the ‘executive director’). The compensation of
the executive director may not exceed the compensation
for level V of the Executive Schedule under section 5316
of title 5, United States Code. The executive director shall
be an individual with training or expertise in the applica-
tion of the laws referred to in clause 2. The appointment
of the first executive director shall be completed no later
than 120 days after the initial appointment of the Board
of Directors.
‘‘(2) The executive director may not be an individual
who holds or may have held the position of Member of
the House of Representatives or Senator. The executive
director may not be an individual who holds the position
of employee of the House or the Senate but the executive
director may be an individual who held such a position
at least 4 years before appointment as executive director.
The term of office of the executive director shall be a sin-
gle term of 5 years.
‘‘(b)(1)(A) No individual who engages in, or is other-
wise employed in, lobbying of the Congress and who is re-
quired under the Federal Regulation of Lobbying Act to
register with the Secretary of the Senate or the Clerk shall
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be considered eligible for appointment to, or service on,
the Board of Directors.
‘‘(B) No member of the Board of Directors may hold
or may have held the position of Member of the House
of Representatives or Senator, may hold the position of
employee of the House or Senate, or may have held such
a position within 4 years of the date of appointment.
‘‘(2) If during a term of office a member of the Board
of Directors engages in an activity described in subpara-
graph (1)(A), such position shall be declared vacant and
a successor shall be selected in accordance with paragraph
(a)(1).
‘‘(3) A vacancy in the Board of Directors shall be
filled in the manner in which the original appointment was
made.
‘‘(c)(1) Except as provided in subparagraph (2),
membership on the Board of Directors shall be for 5 years.
A member shall only be eligible for appointment for a sin-
gle term of office.
‘‘(2) Of the members first appointed to the Board
of Directors—
‘‘(A) 1 shall have a term of office of 3 years,
‘‘(B) 2 shall have a term of office of 4 years,
and
‘‘(C) 2 shall have a term of office of 5 years,
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as designated at the time of appointment by the persons
specified in paragraph (a)(1).
‘‘(3) Any member of the Board of Directors may be
removed from office by a majority decision of the appoint-
ing authorities described in paragraph (a)(1) and only
for—
‘‘(A) disability that substantially prevents the
member from carrying out the duties of the member,
‘‘(B) incompetence,
‘‘(C) neglect of duty,
‘‘(D) malfeasance, or
‘‘(E) a felony or conduct involving moral turpi-
tude.
‘‘(d) The Chairperson of the Board of Directors shall
be appointed from the members of the Board of Directors
by the members of the Board.’’.
SEC. 2. DEFINITIONS.
As used in sections 2 through 16:
(1) The term ‘‘employee of the House’’ means
any individual (other than a Member) whose pay is
disbursed by the Director of Non-legislative and Fi-
nancial Services or any individual to whom super-
vision and all other employee-related matters were
transferred to the Sergeant at Arms pursuant to di-
rection of the Committee on Appropriations in
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House Report 103–517 of the One Hundred Third
Congress, and such term includes an applicant for
the position of employee and a former employee.
(2) The term ‘‘employing authority’’ means,
with respect to an employee, the Member of the
House of Representatives or elected officer of the
House of Representatives, or the Director of the
Congressional Budget Office, with the power to ap-
point the employee.
(3) The term ‘‘Member of the House of Rep-
resentatives’’ means a Representative in, or a Dele-
gate or Resident Commissioner to, the Congress.
(4) The term ‘‘elected officer of the House of
Representatives’’ means an elected officer of the
House of Representatives (other than the Speaker
and the Chaplain).
(5) The term ‘‘Office’’ refers to the Office of
Compliance established by rule LII of the Rules of
the House of Representatives.
SEC. 3. APPLICATION OF LAWS.
(a) The laws set forth in clause 2 of rule LII of the
Rules of the House of Representatives shall apply, as pre-
scribed by that rule, to the House of Representatives.
(b) The laws referred to in rule LI of the Rules of
the House of Representatives which apply on December
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31, 1994, to House employees shall continue to apply to
such employees until the effective date such laws are made
applicable in accordance with this resolution.
SEC. 4. ADMINISTRATIVE MATTERS RELATING TO THE
OFFICE OF COMPLIANCE.
(a)(1) 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.
(2) Each member of the Board of Directors shall re-
ceive travel expenses, including per diem in lieu of subsist-
ence, 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.
(b) The executive director may appoint and fix the
compensation of such staff, including hearing officers, as
are necessary to carry out this resolution.
(c) The executive director may, with the prior consent
of the Government department or agency concerned, use
the services of any such department or agency, including
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the services of members or personnel of the General Ac-
counting Office Personnel Appeals Board.
(d) The executive director may procure the temporary
(not to exceed 1 year) or intermittent services of individual
consultants or organizations thereof.
SEC. 5. STUDY AND REGULATIONS.
(a) The Board of Directors shall conduct a study of
the manner in which the laws referred to in clause 2(a)
of rule LII of the Rules of the House of Representatives
should apply to the House of Representatives. The Board
of Directors shall complete such study and report the re-
sults to House of Representatives not later than 180 days
after the date of the first appointment of the first execu-
tive director.
(b) On an ongoing basis the Board of Directors—
(1) shall determine which of the laws referred
to in clause 2(b) of rule LII of the Rules of the
House of Representatives should apply to the House
of Representatives and if it should, the manner in
which it should be made applicable;
(2) shall study the application to the House of
provisions of Federal law referred to in paragraphs
(a) and (b) of clause 2 of rule LII of the Rules of
the House of Representatives that are enacted after
the date of adoption of this resolution;