I
103D CONGRESS
2D SESSION
H. R. 4822
To make certain laws applicable to the legislative branch of the Federal
Government.
IN THE HOUSE OF REPRESENTATIVES
JULY 25, 1994
Mr. SHAYS (for himself, Mr. SWETT, Mr. DICKEY, Mr. MANN, Mrs. FOWLER,
Mr. MCHALE, Mr. BARTLETT of Maryland, Mr. TORKILDSEN, Mr.
MCKEON, Ms. SHEPHERD, and Mr. FINGERHUT) introduced the following
bill; which was referred jointly to the Committees on House Administra-
tion, Education and Labor, Government Operations, Rules, and the Judi-
ciary
A BILL
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 Ac-
countability Act’’.
SEC. 2. DEFINITIONS.
As used in this Act:
(1) CONGRESSIONAL
EMPLOYEE.—The term
‘‘congressional employee’’ means—
(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.
(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
(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.
SEC. 3. APPLICATION OF LAWS.
(a) LAWS WHICH WILL APPLY.—On the date regula-
tions under section 5(b)(1) to implement the results of the
study under section 5(a)(1)(A) take effect, the following
laws shall apply, in accordance with section 5, to the legis-
lative branch of the Federal Government:
(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) The Americans With Disabilities Act of
1990 (42 U.S.C. 12101 et seq.).
(4) The Age Discrimination in Employment Act
of 1967 (29 U.S.C. 621 et seq.).
(5) The Family and Medical Leave Act of 1993
(29 U.S.C. 2611 et seq.).
(6) The Occupational Safety and Health Act of
1970 (other than section 19) (29 U.S.C. 651 et
seq.).
(7) Chapter 71 (relating to Federal labor man-
agement relations) of title 5, United States Code.
(8) The Employee Polygraph Protection Act of
1988 (29 U.S.C. 2001 et seq.).
(9) The Worker Adjustment and Retraining
Notification Act (29 U.S.C. 2101 et seq.).
(10) The Rehabilitation Act of 1973 (29 U.S.C.
791).
(11) Section 552 (relating to public informa-
tion) of title 5, United States Code.
(12) Section 552a (relating to privacy) of title
5, United States Code.
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 section 5.
(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, 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 mean-
ing 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), and
(3) the health and safety of employees,
apply to the legislative branch of the Federal Government
in accordance with section 5.
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.—The Chairperson
of the Board of Directors shall—
(A) appoint,
(B) establish the compensation of, and
(C) terminate,
an executive director (referred to in this Act as the
‘‘executive director’’), subject to the approval of the
Board of Directors. The compensation of the execu-
tive director may not exceed the annual rate of basic
pay prescribed for level V of the Executive Schedule
under section 5316 of title 5, United States Code.
(c) BOARD OF DIRECTORS QUALIFICATIONS.—
(1) IN GENERAL.—The members of the Board
of Directors shall be individuals with training or ex-
pertise in—
(A) the application of the laws referred to
in section 3 to employment, and
(B) employment in the Congress.
(2) SPECIFIC QUALIFICATIONS.—
(A) LOBBYING.—No individual who en-
gages in, or is otherwise employed in, lobbying
of the Congress and who is required under the
Federal Regulation of Lobbying Act to register
with the Clerk of the House of Representatives
or the Secretary of the Senate shall be consid-
ered eligible for appointment to, or service on,
the Board of Directors.
(B) OFFICE.—No member of the Board of
Directors appointed under subsection (b)(1)
may hold or may have held the position of
10(c), a final decision under section 10(g), or an
order under section 10(h) or if a Member of the
House of Representatives or a Senator is aggrieved
by a final decision under section 10(g) or would be
subject to an order issued under section 10(h).
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 section 5 may
request counseling through the Office. The Office shall
provide 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 sec-
tion 5 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
(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 Congres-
sional employment of an employee.
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