H. R. 4454—21
CONGRESSIONAL BUDGET OFFICE
SALARIES AND EXPENSES ..........................................................................
55,000
ARCHITECT OF THE CAPITOL
OFFICE OF THE ARCHITECT OF THE CAPITOL
SALARIES .............................................................................................
176,000
CAPITOL BUILDINGS AND GROUNDS
CAPITOL BUILDINGS ............................................................................
161,000
CAPITOL GROUNDS ..............................................................................
69,000
SENATE OFFICE BUILDINGS .................................................................
280,000
CAPITOL POWER PLANT .......................................................................
95,000
LIBRARY OF CONGRESS
CONGRESSIONAL RESEARCH SERVICE
SALARIES AND EXPENSES ....................................................................
671,000
GOVERNMENT PRINTING OFFICE
CONGRESSIONAL PRINTING AND BINDING ................................................
2,007,000
OFFICE OF SUPERINTENDENT OF DOCUMENTS
SALARIES AND EXPENSES ....................................................................
107,000
BOTANIC GARDEN
SALARIES AND EXPENSES ..........................................................................
48,000
LIBRARY OF CONGRESS
SALARIES AND EXPENSES ..........................................................................
2,307,000
COPYRIGHT OFFICE
SALARIES AND EXPENSES ....................................................................
270,000
BOOKS FOR THE BLIND AND PHYSICALLY HANDICAPPED
SALARIES AND EXPENSES ....................................................................
79,000
ARCHITECT OF THE CAPITOL
LIBRARY BUILDING AND GROUNDS
STRUCTURAL AND MECHANICAL CARE ................................................
123,000
GENERAL ACCOUNTING OFFICE
SALARIES AND EXPENSES ..........................................................................
3,835,000
SEC. 312. ARCHITECT OF THE CAPITOL HUMAN RESOURCES PRO-
GRAM.—(a) SHORT
TITLE.—This section may be cited as the
‘‘Architect of the Capitol Human Resources Act’’.
(b) FINDING AND PURPOSE.—
(1) FINDING.—The Congress finds that the Office of the
Architect of the Capitol should develop human resources
management programs that are consistent with the practices
common among other Federal and private sector organizations.
(2) PURPOSE.—It is the purpose of this section to require
the Architect of the Capitol to establish and maintain a person-
nel management system that incorporates fundamental prin-
ciples that exist in other modern personnel systems.
(c) PERSONNEL MANAGEMENT SYSTEM.—
(1) ESTABLISHMENT.—The Architect of the Capitol shall
establish and maintain a personnel management system.
(2) REQUIREMENTS.—The personnel management system
shall at a minimum include the following:
(A) A system which ensures that applicants for employ-
ment and employees of the Architect of the Capitol are
appointed, promoted, and assigned on the basis of merit
and fitness after fair and equitable consideration of all
applicants and employees through open competition.
(B) An equal employment opportunity program which
includes an affirmative employment program for employees
and applicants for employment, and procedures for monitor-
ing progress by the Architect of the Capitol in ensuring
a workforce reflective of the diverse labor force.
(C) A system for the classification of positions which
takes into account the difficulty, responsibility, and quali-
fication requirements of the work performed, and which
conforms to the principle of equal pay for substantially
equal work.
H. R. 4454—22
(D) A program for the training of Architect of the
Capitol employees which has among its goals improved
employee performance and opportunities for employee
advancement.
(E) A formal performance appraisal system which will
permit the accurate evaluation of job performance on the
basis of objective criteria for all Architect of the Capitol
employees.
(F) A fair and equitable system to address unacceptable
conduct and performance by Architect of the Capitol
employees, including a general statement of violations,
sanctions, and procedures which shall be made known to
all employees, and a formal grievance procedure.
(G) A program to provide services to deal with mental
health, alcohol abuse, drug abuse, and other employee prob-
lems, and which ensures employee confidentiality.
(H) A formal policy statement regarding the use and
accrual of sick and annual leave which shall be made
known to all employees, and which is consistent with the
other requirements of this section.
(d) IMPLEMENTATION OF PERSONNEL MANAGEMENT SYSTEM.—
(1) DEVELOPMENT OF PLAN.—The Architect of the Capitol
shall—
(A) develop a plan for the establishment and mainte-
nance of a personnel management system designed to
achieve the requirements of subsection (c);
(B) submit the plan to the Speaker of the House of
Representatives, the House Office Building Commission,
the Committee on Rules and Administration of the Senate,
the Joint Committee on the Library, and the Committees
on Appropriations of the Senate and the House of Rep-
resentatives not later than 12 months after the date of
enactment of this Act; and
(C) implement the plan not later than 90 days after
the plan is submitted to the Speaker of the House of
Representatives, the House Office Building Commission,
the Committee on Rules and Administration of the Senate,
the Joint Committee on the Library, and the Committees
on Appropriations of the Senate and the House of Rep-
resentatives, as specified in subparagraph (B).
(2) EVALUATION AND REPORTING.—The Architect of the Cap-
itol shall develop a system of oversight and evaluation to ensure
that the personnel management system of the Architect of
the Capitol achieves the requirements of subsection (c) and
complies with all other relevant laws, rules and regulations.
The Architect of the Capitol shall report to the Speaker of
the House of Representatives, the House Office Building
Commission, the Committee on Rules and Administration of
the Senate, and the Joint Committee on the Library on an
annual basis the results of its evaluation under this subsection.
(3) APPLICATION OF LAWS.—Nothing in this section shall
be construed to alter or supersede any other provision of law
otherwise applicable to the Architect of the Capitol or its
employees, unless expressly provided in this section.
(e) DISCRIMINATION COMPLAINT PROCESSING.—
(1) DEFINITIONS.—For purposes of this subsection:
H. R. 4454—23
(A) The term ‘‘employee of the Architect of the Capitol’’
or ‘‘employee’’ means—
(i) any employee of the Architect of the Capitol,
the Botanic Garden, or the Senate Restaurants;
(ii) any applicant for a position that is to be occu-
pied by an individual described in clause (i); or
(iii) within 180 days after the termination of
employment with the Architect of the Capitol, any
individual who was formerly an employee described
in clause (i) and whose claim of a violation arises
out of the individual’s employment with the Architect
of the Capitol.
(B) The term ‘‘violation’’ means a practice that violates
paragraph (2) of this subsection.
(C) Notwithstanding subparagraph (A), the terms
‘‘employee of the Architect of the Capitol’’ and ‘‘employee’’
do not include any individual referred to in clause (i),
(ii), or (iii) of such subparagraph who is a House of Rep-
resentatives garage or parking lot attendant (including the
Superintendent), with respect to whom supervision and
all other employee-related matters are transferred to the
Sergeant at Arms of the House of Representatives pursuant
to direction of the Committee on Appropriations of the
House of Representatives in House Report 103–517 of the
One Hundred Third Congress.
(2) DISCRIMINATORY PRACTICES PROHIBITED.—
(A) IN
GENERAL.—All personnel actions affecting
employees of the Architect of the Capitol shall be made
free from any discrimination based on—
(i) race, color, religion, sex, or national origin,
within the meaning of section 717 of the Civil Rights
Act of 1964 (42 U.S.C. 2000e–16);
(ii) age, within the meaning of section 15 of the
Age Discrimination in Employment Act of 1967 (29
U.S.C. 633a); or
(iii) handicap or disability, within the meaning
of section 501 of the Rehabilitation Act of 1973 (29
U.S.C. 791) and sections 102 through 104 of the
Americans with Disabilities Act of 1990 (42 U.S.C.
12112–14).
(B) INTIMIDATION PROHIBITED.—Any intimidation of, or
reprisal against, any employee by the Architect of the Cap-
itol, or by any employee of the Architect of the Capitol,
because of the exercise of a right under this section con-
stitutes an unlawful employment practice, which may be
remedied in the same manner as are other violations
described in subparagraph (A).
(3) PROCEDURE
FOR
CONSIDERATION
OF
ALLEGED
VIOLA-
TIONS.—
(A) Any employee of the Architect of the Capitol alleg-
ing a violation of paragraph (2) may file a charge with
the General Accounting Office Personnel Appeals Board
in accordance with the General Accounting Office Personnel
Act of 1980 (31 U.S.C. 751–55). Such a charge may be
filed only after the employee has filed a complaint with
the Architect of the Capitol in accordance with require-
H. R. 4454—24
ments prescribed by the Architect of the Capitol and has
exhausted all remedies pursuant to such requirements.
(B) The Architect of the Capitol shall carry out any
action within its authority that the Board orders under
section 4 of the General Accounting Office Personnel Act
of 1980 (31 U.S.C. 753).
(C) The Architect of the Capitol shall reimburse the
General Accounting Office for costs incurred by the Board
in considering charges filed under this subsection.
(4) AMENDMENTS
TO
THE
GENERAL
ACCOUNTING
OFFICE
PERSONNEL ACT OF 1980.—
(A) Section 751(a)(1) of title 31, United States Code,
is amended by inserting ‘‘or of the Architect of the Capitol,
the Botanic Garden, or the Senate Restaurants,’’ after
‘‘Office’’.
(B) Section 753(a) of title 31, United States Code, is
amended—
(i) in paragraph (7) by striking ‘‘and’’ at the end
of the paragraph;
(ii) in paragraph (8) by striking the period and
inserting ‘‘; and’’; and
(iii) by inserting at the end thereof the following:
‘‘(9) an action involving discrimination prohibited under
section 312(e)(2) of the Architect of the Capitol Human
Resources Act.’’.
(C) Section 755 of title 31, United States Code, is
amended—
(i) in subsection (a), by striking ‘‘or (7)’’ and insert-
ing ‘‘, (7) or (9)’’; and
(ii) in subsection (b)—
(I) by striking ‘‘or applicant for employment’’
and inserting ‘‘applicant for employment, or
employee of the Architect of the Capitol, the
Botanic Garden, or the Senate Restaurants’’; and
(II) by inserting ‘‘or under section 312(e)(2)
of the Architect of the Capitol Human Resources
Act’’ after ‘‘of this title’’.
(f) CONFORMING AMENDMENTS.—
(1) Section 301(c) of Public Law 102–166 is amended—
(A) by striking subparagraph (B);
(B) by striking ‘‘or (B)’’ in subparagraphs (C) and (D);
and
(C) by redesignating subparagraphs (C) and (D) as
subparagraphs (B) and (C), respectively.
(2) Section 305(c) of Public Law 102–166 is amended to
read as follows:
‘‘(c) EMPLOYEES OF THE CAPITOL POLICE.—In the case of an
employee who is a member of the Capitol Police, the Director
may refer the employee to the Capitol Police Board for resolution
of the employee’s complaint through the internal grievance proce-
dures of the Capitol Police Board for a specific period of time,
which shall not count against the time available for counseling
or mediation under this title.’’.
(3) Section 312 of Public Law 102–166 is amended by
striking ‘‘or by the Architect of the Capitol, or anyone employed
by the Architect of the Capitol,’’.
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(4) Section 501(h)(2) of the Family and Medical Leave
Act of 1993 is amended by striking ‘‘or (B)’’.
This Act may be cited as the ‘‘Legislative Branch Appropriations
Act, 1995’’.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.