IIA
Calendar No. 14
104TH CONGRESS
1ST SESSION
H. R. 1
IN THE SENATE OF THE UNITED STATES
JANUARY 9, 1995
Received
JANUARY 11 (legislative day, JANUARY 10), 1995
Read twice and ordered placed on the calendar
AN ACT
To make certain laws applicable to the legislative branch
of the Federal Government.
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
Accountability Act of 1995’’.
SEC. 2. DEFINITIONS.
As used in this Act:
(1) CONGRESSIONAL
EMPLOYEE.—The term
‘‘congressional employee’’ means—
HR 1 PCS
(A) an individual on the payroll of an em-
ploying office of the House of Representatives;
(B) an individual on the payroll of an em-
ploying office of the Senate;
(C) an individual on the payroll of an em-
ploying office of the Architect of the Capitol;
and
(D) an individual on the payroll of an em-
ploying office of an instrumentality.
(2) EMPLOYEE IN THE HOUSE OF REPRESENT-
ATIVES.—The term ‘‘individual on the payroll of an
employing office in the House of Representatives’’
means—
(A) an individual who is covered under rule
LI of the House of Representatives, as in effect
on the day before the date of enactment of this
Act;
(B) any applicant for a position that is to
be occupied by an individual described in sub-
paragraph (A); or
(C) any individual who was formerly an
employee described in subparagraph (A) and
whose claim of a violation arises out of the indi-
vidual’s employment.
HR 1 PCS
(3) EMPLOYEE
IN
THE
SENATE.—The term
‘‘individual on the payroll of an employing office in
the Senate’’ means—
(A) any employee whose pay is disbursed
by the Secretary of the Senate;
(B) any applicant for a position that is to
be occupied by an individual described in sub-
paragraph (A)); or
(C) any individual who was formerly an
employee described in subparagraph (A) and
whose claim of a violation arises out of the indi-
vidual’s employment.
(4) EMPLOYEE
OF
THE
ARCHITECT
OF
THE
CAPITOL.—The term ‘‘individual on the payroll of an
employing office of the Architect of the Capitol’’
means—
(A) an employee of the Architect of the
Capitol or an individual within the administra-
tive jurisdiction of the Architect of the Capitol
if such employee or individual is paid from
funds under a law providing appropriations for
the legislative branch;
(B) any applicant for a position that is to
be occupied by an employee or individual de-
scribed in subparagraph (A); or
HR 1 PCS
(C) any individual who was formerly an
employee or individual described in subpara-
graph (A) and whose claim of a violation arises
out of the individual’s employment.
(5) EMPLOYEE
OF
AN
INSTRUMENTALITY.—
The term ‘‘individual on the payroll of an employing
office of an instrumentality’’ means—
(A) any individual on the payroll of an in-
strumentality of the legislative branch of the
Federal Government;
(B) any applicant for a position that is to
be occupied by an individual described in sub-
paragraph (A); or
(C) any individual who was formerly an
employee described in subparagraph (A) and
whose claim of a violation arises out of the indi-
vidual’s instrumentality employment.
(6) HEAD
OF
AN
EMPLOYING
OFFICE.—The
term ‘‘head of an employing office’’ means the indi-
vidual who has final authority to appoint, hire, dis-
charge, and set the terms, conditions, or privileges
of the Congressional employment of an employee.
HR 1 PCS
SEC. 3. APPLICATION OF LAWS.
(a) LAWS WHICH WILL APPLY.—The following laws
shall apply, as prescribed by this subsection, to the legisla-
tive branch of the Federal Government:
(1) The Fair Labor Standards Act of 1938 (29
U.S.C. 201 et seq.), effective on the earlier of the ef-
fective date of applicable regulations of the Office of
Compliance under section 5 or 1 year after the date
of the enactment of this Act.
(2) Title VII of the Civil Rights Act of 1964
(42 U.S.C. 2000e et seq.), effective on the earlier of
the effective date of applicable regulations of the Of-
fice of Compliance under section 5 or 1 year after
the date of the enactment of this Act.
(3) The Americans With Disabilities Act of
1990 (42 U.S.C. 12101 et seq.), effective on the ear-
lier of the effective date of applicable regulations of
the Office of Compliance under section 5 or 1 year
after the date of the enactment of this Act.
(4) The Age Discrimination in Employment Act
of 1967 (29 U.S.C. 621 et seq.) (including remedies
available to private employees), effective on the ear-
lier of the effective date of applicable regulations of
the Office of Compliance under section 5 or 1 year
after the date of the enactment of this Act.
HR 1 PCS
(5) Titles I and V of the Family and Medical
Leave Act of 1993 (29 U.S.C. 2611 et seq.), effec-
tive on the earlier of the effective date of applicable
regulations of the Office of Compliance under sec-
tion 5 or 1 year after the date of the enactment of
this Act.
(6) The Occupational Safety and Health Act of
1970 (other than section 19) (29 U.S.C. 651 et seq.)
(subject to subsection (c)), effective on the earlier of
the effective date of applicable regulations of the Of-
fice of Compliance under section 5 or 2 years after
the date of the enactment of this Act.
(7) Chapter 71 (relating to Federal labor man-
agement relations) of title 5, United States Code, ef-
fective on the earlier of the effective date of applica-
ble regulations of the Office of Compliance under
section 5 or 2 years after the date of the enactment
of this Act.
(8) The Employee Polygraph Protection Act of
1988 (29 U.S.C. 2001 et seq.), effective on the ear-
lier of the effective date of applicable regulations of
the Office of Compliance under section 5 or 1 year
after the date of the enactment of this Act, except
that this Act shall not apply to the United States
Capitol Police.
HR 1 PCS
(9) The Worker Adjustment and Retraining
Notification Act (29 U.S.C. 2101 et seq.), effective
on the earlier of the effective date of applicable regu-
lations of the Office of Compliance under section 5
or 1 year after the date of the enactment of this
Act.
(10) The Rehabilitation Act of 1973 (29 U.S.C.
791), effective on the earlier of the effective date of
applicable regulations of the Office of Compliance
under section 5 or 1 year after the date of the enact-
ment of this Act.
The laws referred to in this subsection which apply now
to congressional employees shall continue to apply to such
employees until the effective date such laws are made ap-
plicable in accordance with this subsection.
(b) LAWS WHICH MAY BE MADE APPLICABLE.—Any
provision of Federal law shall, to the extent that it relates
to the terms and conditions of employment (including hir-
ing, 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
legislative branch of the Federal Government in accord-
ance with this Act.
HR 1 PCS
(c) COMPLIANCE
WITH
OSHA.—The legislative
branch of the Federal Government 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.
SEC. 4. OFFICE OF COMPLIANCE.
(a) ESTABLISHMENT.—There is established in the
legislative branch an Office of Compliance (hereinafter in
this Act referred to as the ‘‘Office’’).
(b) COMPOSITION.—
(1) BOARD OF DIRECTORS.—The Office shall
have a Board of Directors. The Board of Directors
shall consist of 8 individuals appointed jointly by the
Speaker of the House of Representatives, the Major-
ity Leader of the Senate, and the Minority Leaders
of the House of Representatives and the Senate. Ap-
pointments of the first 8 members of the Board of
Directors shall be completed not later than 120 days
after the date of the enactment of this Act.
(2) EXECUTIVE DIRECTOR.—
(A) IN GENERAL.—The Chairperson of the
Board of Directors shall appoint, may establish
the compensation of, and may terminate, sub-
HR 1 PCS
ject to the approval of the Board of Directors,
an Executive Director (referred to in this Act
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 ap-
plication of the laws referred to in section 3 to
employment. The appointment of the first exec-
utive director shall be completed no later than
120 days after the initial appointment of the
Board of Directors.
(B) OFFICE.—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 direc-
tor may not be an individual who holds the po-
sition of employee of the House of Representa-
tives 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 di-
rector shall be a single term of 5 years.
(c) BOARD OF DIRECTORS QUALIFICATIONS.—
HR 1 PCS
(d) BOARD OF DIRECTORS TERM OF OFFICE.—
(1) IN GENERAL.—Except as provided in para-
graph (2), membership on the Board of Directors
shall be for 5 years. A member shall only be eligible
for appointment for a single term of office.
(2) FIRST
APPOINTMENTS.—Of the members
first appointed to the Board of Directors—
(A) 2 shall have a term of office of 2
years,
(B) 2 shall have a term of office of 3
years,
(C) 2 shall have a term of office of 4
years, and
(D) 2 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) REMOVAL.—Any member of the Board of
Directors may be removed from office by a majority
decision of the appointing authorities described in
subsection (b)(1) and only for—
(A) disability that substantially prevents
the member from carrying out the duties of the
member,
(B) incompetence,
HR 1 PCS
(C) neglect of duty,
(D) malfeasance, or
(E) a felony or conduct involving moral
turpitude.
(e) CHAIRPERSON.—The Chairperson of the Board of
Directors shall be appointed from the members of the
Board of Directors by the members of the Board.
(f) COMPENSATION OF MEMBERS.—
(1) PER DIEM.—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) TRAVEL EXPENSES.—Each member of the
Board of Directors shall receive travel expenses, in-
cluding per diem in lieu of subsistence, at rates au-
thorized 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.
HR 1 PCS
(g) OFFICE STAFF.—The executive director may ap-
point and fix the compensation of such staff, including
hearing officers, as are necessary to carry out this Act.
(h) DETAILEES.—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 the services of members or personnel of
the General Accounting Office Personnel Appeals Board.
(i) CONSULTANTS.—In carrying out this Act, the ex-
ecutive 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) INITIAL ACTION.—
(1) IN GENERAL.—The Board of Directors shall
conduct a study of the manner in which the laws
made applicable to the legislative branch of the Fed-
eral Government under section 3(a) should apply.
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 appointment of
the first executive director.
(2) INSTRUMENTALITIES.—The Board of Direc-
tors shall include in its study under paragraph (1)
an examination of the procedures used by the instru-
HR 1 PCS
mentalities to enforce the application of laws appli-
cable to the legislative branch of the Federal Gov-
ernment and a determination as to whether to direct
the instrumentality to make improvements in its reg-
ulations and procedures so as to assure that proce-
dures as effective as the procedures set forth in sec-
tions 7 through 12 will apply. If the instrumentality
has no such regulations and procedures, the Board
may direct the instrumentality to adopt the requisite
regulations and procedures, or, if deemed necessary,
in lieu thereof may itself adopt regulations pursuant
to this section or authorize use of the procedures
pursuant to sections 7 through 12.
(b) CONTINUING ACTION.—On an ongoing basis the
Board of Directors—
(1) shall determine which of the laws referred
to in section 3(b) should apply to the legislative
branch of the Federal Government and if it should,
the manner in which it should be made applicable;
(2) shall study the application to the legislative
branch of the Federal Government of provisions of
Federal law referred to in section 3 that are enacted
after the date of the enactment of this Act;
HR 1 PCS
(3) may propose regulations with respect to
such application in accordance with subsection (c);
and
(4) may review the regulations in effect under
subsection (e)(1) and make such amendments as
may be appropriate in accordance with subsection
(c).
(c) REGULATIONS.—
(1) LAWS MADE APPLICABLE.—
(A) GENERAL RULE.—Not later than 180
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, propose regulations
to implement the requirements of the laws
made applicable to the legislative branch of the
Federal Government under section 3(a). The
Board of Directors shall provide a period of at
least 30 days for comment on the proposed reg-
ulations.
(B) CONGRESSIONAL NOTICE.—In addition
to publishing a general notice of proposed rule-
making under section 553(b) of title 5, United
States Code, the Board of Directors shall con-
HR 1 PCS
currently submit such notice for publication in
the Congressional Record.
(C) AMENDMENTS AND REPEALS.—When
proposing regulations under subparagraph (A)
to implement the requirements of a law referred
to in section 3(a), the Board of Directors shall
recommend to the Congress changes in or re-
peals of existing law to accommodate the appli-
cation of such law to the legislative branch of
the Federal Government.
(D) FINAL REGULATIONS.—The Board of
Directors shall, in accordance with such section
553, issue final regulations not later than 60
days after the end of the comment period on
the proposed regulations.
(2) CONTINUING ACTION.—
(A) GENERAL RULE.—Not later than 180
days after the date of the completion of the
study or a determination under subsection (b),
the Board of Directors shall, in accordance with
section 553 of title 5, United States Code, pro-
pose regulations that specify which of the provi-
sions of Federal law considered in such study
shall apply to the legislative branch of the Fed-
eral Government. The Board of Directors shall
HR 1 PCS
provide a period of at least 30 days for com-
ment on the proposed regulations.
(B) CONGRESSIONAL NOTICE.—In addition
to publishing a general notice of proposed rule-
making under section 553(b) of title 5, United
States Code, the Board of Directors shall con-
currently submit such notice for publication in
the Congressional Record.
(C) AMENDMENTS AND REPEALS.—When
proposing regulations under subparagraph (A)
specifying which of the provisions of Federal
law referred to in section 3(b) shall apply to the
legislative branch of the Federal Government,
the Board of Directors shall recommend to the
Congress changes in or repeals of existing law
to accommodate the application of such law to
the legislative branch of the Federal Govern-
ment.
(D) FINAL REGULATIONS.—The Board of
Directors shall, in accordance with such section
553, issue final regulations not later than 60
days after the end of the comment period on
the proposed regulations.
(3) REGULATION REQUIREMENTS.—Regulations
under paragraphs (1) and (2) shall be consistent
HR 1 PCS
with the regulations issued by an agency of the exec-
utive branch of the Federal Government under the
provision of law made applicable to the legislative
branch of the Federal Government, including por-
tions relating to remedies.
(4) ACTION IF DISAPPROVED.—If a regulation
is disapproved by a concurrent resolution considered
under subsection (e), not later than 60 days after
the date of the disapproval, the Board of Directors
shall propose a new regulation to replace the regula-
tion disapproved. The action of the Board of Direc-
tors under this paragraph shall be in accordance
with the applicable requirements of this subsection.
(d) TRANSMITTAL.—A final regulation issued under
subsection (c) shall be transmitted to the Congress for
consideration under subsection (e).
(e) TAKING EFFECT OF REGULATIONS.—
(1) GENERAL RULE.—Subject to subsection (f),
a final regulation which is issued under subsection
(c) shall take effect upon the expiration of 60 days
from the date the final regulation is issued unless
disapproved by the Congress by concurrent resolu-
tion.
(2) CONCURRENT RESOLUTION.—A concurrent
resolution referred to in paragraph (1) may be intro-
HR 1 PCS
duced in the House of Representatives or the Senate
within 5 days of session after the date on which the
Board of Directors issues the final regulation to
which the concurrent resolution applies. The matter
after the resolving clause of the resolution shall be
as follows: ‘‘That Congress disapproves the issuance
of final regulations of the Office of Compliance as is-
sued on llllll (the blank space being ap-
propriately filled in).’’.
(3) PROCEDURE.—A concurrent resolution re-
ferred to in paragraph (1) shall be referred to the
appropriate committee of the House involved. If no
concurrent resolution is reported within 15 days of
session after the Board of Directors issues final reg-
ulations under subsection (c)(1)(D) or (c)(2)(D), the
committee to which the concurrent resolution was
referred shall be discharged from further consider-
ation of the first such concurrent resolution intro-
duced and the concurrent resolution shall be placed
on the appropriate calendar of the House involved.
Any meeting of a committee on a concurrent resolu-
tion shall be open to the public. Within 5 days of
session after the concurrent resolution is reported or
discharged, it shall be in order as a matter of high-
est privilege to move to proceed to its consideration
HR 1 PCS
and such motion shall not be debatable. The concur-
rent resolution shall be debatable for not to exceed
4 hours equally divided between proponents and op-
ponents and it shall not be subject to amendment.
If, prior to the adoption of a concurrent resolution
by one House, that House receives a concurrent res-
olution of the other House with respect to the same
regulations, then the procedure in that House shall
be the same as if no concurrent resolution had been
received from the other House, but vote on final
adoption shall be on the concurrent resolution of the
other House. If a concurrent resolution is received
by a House in which no identical concurrent resolu-
tion has been introduced, it shall be referred to the
appropriate committee and the same procedures and
20-day period for action shall apply to the consider-
ation of the concurrent resolution by that House as
would apply to an introduced concurrent resolution.
(f) RULEMAKING POWER.—The provisions of sub-
section (e) of this section are enacted by the Congress—
(1) as an exercise of the rulemaking power of
the House of Representatives and the Senate, re-
spectively, and as such they shall be considered as
part of the rules of each House, respectively, or of
that House to which they specifically apply, and
HR 1 PCS
such rules shall supersede other rules only to the ex-
tent that they are inconsistent therewith; and
(2) with full recognition of the constitutional
right of either House to change such rules (so far
as relating to such House) at any time, in the same
manner, and to the same extent as in the case of
any other rule of such House.
(g) OPEN TO THE PUBLIC.—Any meeting of the
Board of Directors held in connection with a study under
subsection (a) or (b) shall be open to the public. Any meet-
ing of the Board of Directors in connection with a regula-
tion under subsection (c) shall be open to the public.
SEC. 6. OTHER FUNCTIONS.
(a) RULES OF THE OFFICE.—The executive director
shall adopt rules governing the procedures of the Office,
subject to the approval of the Board of Directors, includ-
ing the procedures of hearing boards, which shall be sub-
mitted for publication in the Congressional Record. The
rules may be amended in the same manner. The executive
director may consult with the Chairman of the Adminis-
trative Conference of the United States, the Legal Counsel
of the Senate, and the General Counsel of the House of
Representatives on the adoption of rules.
(b) INVESTIGATIVE AUTHORITY.—The executive di-
rector shall have authority to conduct such investigations
HR 1 PCS
as the executive director requires to implement sections
8 through 10 and section 12.
(c) DUTIES.—The Office shall—
(1) carry out a program of education for Mem-
bers of Congress and other employing authorities of
the legislative branch of the Federal Government re-
specting the laws made applicable to them and a
program to inform individuals of their rights under
laws applicable to the legislative branch of the Fed-
eral Government and under sections 7 through 12,
(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 7 through 12, and any other information the
executive director deems appropriate for distribution,
distribute such information to Members of Congress
and other employing authorities of the legislative
branch of the Federal Government in a manner suit-
able for posting, provide such information to new
employees of the legislative branch of the Federal
Government, distribute such information to the resi-
dences of congressional employees, and conduct sem-
inars and other activities designed to educate em-
ployers and employees in such information,
HR 1 PCS
(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 7 through 12 and the result of such
proceedings, and on the number of employees who
filed a complaint under section 10, the basis for the
complaint, and the action taken on the complaint,
and
(4) within 180 days of the initial appointment
of the executive director and in conjunction with the
Clerk of the House of Representatives and the Sec-
retary of the Senate, develop a system for the collec-
tion of demographic data respecting the composition
of the congressional employees, including race, sex,
and wages, and a system for the collection of infor-
mation on employment practices, including family
leave and flexible work hours, in Congressional
offices.
(d) REPORT.—Within one year of the date the system
referred to in subsection (c)(4) 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-
HR 1 PCS
parison and evaluation of data contained in the previous
report.
SEC. 7. PROCEDURE FOR CONSIDERATION OF ALLEGED
VIOLATIONS.
The procedure for consideration of alleged violations
of laws made applicable to the legislative branch of the
Federal Government under this Act consists of 4 steps as
follows:
(1) Step I, counseling, as set forth in section 8.
(2) Step II, mediation, as set forth in section
9.
(3) Step III, formal complaint and hearing by
a hearing board, as set forth in section 10.
(4) Step IV, judicial review if a congressional
employee is aggrieved by a dismissal of a claim
under section 10(c), a final decision under section
10(g), or an order under section 10(h) or if a head
of an employing office is aggrieved by a final deci-
sion under section 10(g) or would be subject to an
order issued under section 10(h).
(5) Step V, as an alternative to steps III and
IV, a civil action in a district court of the United
States in accordance with section 12.
A congressional employee may elect the procedure de-
scribed in paragraph (3) or (5) but not both procedures.
HR 1 PCS
SEC. 8. STEP I: COUNSELING.
(a) IN GENERAL.—A congressional employee alleging
a violation of a law made applicable to the legislative
branch of the Federal Government under this Act may re-
quest counseling through the Office. The Office shall pro-
vide the employee with all relevant information with re-
spect to the rights of the employee. A request for counsel-
ing 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.
SEC. 9. STEP II: MEDIATION.
(a) IN GENERAL.—Not later than 15 days after the
end of the counseling period under section 8, the employee
who alleged a violation of a law made applicable to the
legislative branch of the Federal Government under this
Act 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 by organizations composed primarily of
individuals experienced in adjudicating or arbitrating
personnel matters, and
HR 1 PCS
(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. 10. 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 9, the congressional
employee may file a formal complaint with the Office
against the head of the employing office involved. No com-
plaint may be filed unless the employee has made a timely
request for counseling and has completed the procedures
set forth in sections 8 and 9.
(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 execu-
HR 1 PCS
tive director (one of whom shall be designated by the exec-
utive director as the presiding hearing officer) shall be as-
signed to consider each complaint filed under subsection
(a). The executive director shall appoint hearing officers
from candidates who are recommended by the Federal Me-
diation and Conciliation Service or the Administrative
Conference of the United States. 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; and
(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.
(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 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
HR 1 PCS
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 to be made under para-
graph (2) may be served in the judicial district in
HR 1 PCS
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) HEARING BOARD DECISION.—As expeditiously as
possible, but in no case more than 45 days after the con-
clusion of the hearing, the hearing board shall make a de-
cision 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 deci-
sion 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 the
legislative branch of the Federal Government under this
Act has occurred. Any decision of the hearing board shall
contain a written statement of the reasons for the hearing
board’s decision. A final decision of the hearing board
shall be made available to the public by the Office.
(h) REMEDY ORDER.—If the decision of the hearing
board under subsection (g) is that a violation of a law
made applicable to the legislative branch of the Federal
Government under this Act has occurred, it shall order
the remedies under such law as made applicable to the
HR 1 PCS
legislative branch of the Federal Government under this
Act, except that no Member of the House of Representa-
tives, Senator, any other head of an employing office, or
any agent of such a Member, Senator, or employing office,
shall be personally liable for the payment of compensation.
The hearing board shall have no authority to award puni-
tive damages. The entry of an order under this subsection
shall constitute a final decision for purposes of judicial re-
view under section 11.
(i) FUNDS.—There shall be established in the House
of Representatives and in the Senate a fund from which
compensation (including attorney’s fees) may be paid in
accordance with an order under subsection (h) or as a re-
sult of judicial review under section 11 or a civil action
under section 12. From the outset of any proceeding in
which compensation may be paid from a fund of the House
of Representatives, the General Counsel of the House of
Representatives may provide the respondent with rep-
resentation.
SEC. 11. JUDICIAL REVIEW.
(a) IN GENERAL.—
(1) TYPES OF REVIEW.—Following any hearing
under section 10 on a complaint relating to a provi-
sion of law described in section 3, any congressional
employee aggrieved by a dismissal of a claim under
HR 1 PCS
tion 10(g), an order under section 10(h);
and
(iv) the Office shall be an ‘‘agency’’ as
that term is used in chapter 158 of title
28, United States Code.
(B) STANDARD OF REVIEW.—To the ex-
tent necessary for 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 dismissal
under section 10(c), a final decision under sec-
tion 10(g), or an order under section 10(h) if
it is determined that the dismissal, decision, or
order was—
(i) arbitrary, capricious, an abuse of
discretion, or otherwise not consistent with
law;
(ii) not made consistent with required
procedures; or
(iii) unsupported by substantial evi-
dence.
(C) RECORD.—In making determinations
under subparagraph (B), the court shall review
the whole record, or those parts of it cited by
a party, and due account shall be taken of the
HR 1 PCS
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,
attorney’s fees for the judicial proceeding 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. 12. CIVIL ACTION.
(a) IN GENERAL.—
(1) CIVIL ACTION.—A congressional employee
may, within 30 days after receipt of notice from the
Office of the end of the mediation period under sec-
tion 9 for a violation of a law made applicable to the
legislative branch of the Federal Government, bring
a civil action in a district court of the United States
seeking relief from the alleged violation of law if
such a civil action may be brought by an employee
under such law. In any such civil action, any party
may demand a jury trial.
(2) EXHAUSTION REQUIREMENT.—No civil ac-
tion may be filed under paragraph (1) unless the
employee has made a timely request for counseling
HR 1 PCS
and has completed the procedures set forth in sec-
tions 8 and 9.
(3) COURT ORDER.—If a court determines that
a violation of law occurred, the court may only enter
an order described in section 10(h).
(b) ATTORNEY’S FEES.—If a congressional employee
is the prevailing party in a proceeding under this section,
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 provi-
sion.
SEC. 13. RESOLUTION OF COMPLAINT.
If, after a formal complaint is filed under section 10,
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 executive director.
SEC. 14. PROHIBITION OF INTIMIDATION.
Any intimidation of, or reprisal against, any employee
by any Member of the House of Representatives, Senator,
or officer or employee of the House of Representatives or
Senate, by the Architect of the Capitol or anyone employed
by the Architect of the Capitol, or by an instrumentality
of the legislative branch of the Federal Government be-
cause of the exercise of a right under this Act constitutes
HR 1 PCS
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 the legislative branch of the Fed-
eral Government under this Act.
SEC. 15. 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 subsections
(d) and (e), the hearings and deliberations of the hearing
board shall be confidential.
(d) RELEASE OF RECORDS FOR JUDICIAL ACTION.—
The records of hearing boards may be made public if re-
quired for the purpose of judicial action under section 9.
(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, including all written and oral testimony
in the possession of the hearing boards, concerning a deci-
sion under section 10(g). The executive director shall not
HR 1 PCS
provide such access until the executive director has con-
sulted with the individual filing the complaint at issue in
the hearing, and until the hearing board has issued the
decision.
(f) COORDINATION.—The executive director shall co-
ordinate the proceedings with the Committee on Stand-
ards and Official Conduct of the House of Representatives
and the Select Committee on Ethics of the Senate to en-
sure effectiveness, to avoid duplication, and to prevent pe-
nalizing cooperation by respondents in the respective pro-
ceedings.
SEC. 16. POLITICAL AFFILIATION AND PLACE OF RESI-
DENCE.
(a) IN GENERAL.—It shall not be a violation of a law
made applicable to the legislative branch of the Federal
Government under this Act to consider the—
(1) party affiliation,
(2) domicile, or
(3) political compatibility with the employing
office,
of a congressional employee with respect to employment
decisions.
(b) DEFINITION.—For purposes of subsection (a),
the term ‘‘employee’’ means—
HR 1 PCS
(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. ENFORCEMENT; OTHER REVIEW PROHIBITED.
(a) ENFORCEMENT.—This Act shall not be construed
to authorize enforcement by the executive branch of any
of the laws made applicable to congressional employees
under this Act.
(b) REVIEW.—No congressional employee may com-
mence a judicial proceeding to redress practices prohibited
under section 5, except as provided in this Act.
SEC. 18. STUDY.
(a) STUDY.—The Office shall conduct a study—
HR 1 PCS
(1) of the ways that access by the public to in-
formation held by the Congress may be improved,
streamlined, and made consistent between the House
of Representatives and the Senate and of the appli-
cation of section 552 of title 5, United States Code
to the legislative branch of the Federal Government;
and
(2) of the application of the requirement of sec-
tion 552a of title 5, United States Code, to the legis-
lative branch of the Federal Government.
(b) STUDY CONTENT.—The study conducted under
subsection (a) shall examine—
(1) information that is currently made available
under such section 552 by Federal agencies and not
by the legislative branch of the Federal Government;
(2) information held by the non-legislative of-
fices of the legislative branch of the Federal Govern-
ment, including—
(A) the instrumentalities,
(B) the Architect of the Capitol,
(C) the Chief Administrative Officer of the
House of Representatives,
(D) the Clerk of the House of Representa-
tives,
(E) the Secretary of the Senate,
HR 1 PCS
(F) the Inspector General of the House of
Representatives,
(G) the Sergeant at Arms of the House of
Representatives and the Sergeant at Arms of
the Senate,
(H) the United States Capitol Police, and
(I) the House Commission on Congres-
sional Mailing Standards;
(3) financial expenditure information of the leg-
islative branch of the Federal Government; and
(4) provisions for judicial review of denial of ac-
cess to information held by the legislative branch of
the Federal Government.
(c) TIME.—The Office shall conduct the study pre-
scribed by subsection (a) and report the results of the
study to the Congress not later than one year after the
date of the initial appointment of the Board of Directors.
Passed the House of Representatives January 5
(legislative day, January 4), 1995.
Attest:
ROBIN H. CARLE,
Clerk.
HR 1 PCS——2
HR 1 PCS——3