H. Res. 578
In the House of Representatives, U. S.,
October 7, 1994.
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:
‘‘RULE LII.
‘‘APPLICATION OF CERTAIN LAWS.
‘‘1. There is established an Office of Compliance which
shall have a Board of Directors consisting of 5 individuals
appointed jointly by the Speaker and the minority leader. Ap-
pointments of the first 5 members of the Board of Directors
shall be completed not later than 120 days after the begin-
ning of the One Hundred Fourth Congress.
‘‘2. (a) The Office of Compliance shall carry out the du-
ties 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 requirements of the
following laws to the House of Representatives:
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‘‘(1) The Fair Labor Standards Act of 1938 (29
U.S.C. 201 et seq.), effective at the beginning of the sec-
ond 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 beginning of
the second session of the One Hundred Fourth Con-
gress.
‘‘(4) The Age Discrimination in Employment Act of
1967 (29 U.S.C. 621 et seq.) (including remedies avail-
able to private employees), effective at the beginning of
the second session of the One Hundred Fourth Con-
gress.
‘‘(5) Titles I and V of the Family and Medical
Leave Act of 1993 (29 U.S.C. 2611 et seq.), effective 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 beginning of
the One Hundred Fifth Congress.
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‘‘(7) Chapter 71 (relating to Federal labor manage-
ment 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 beginning
of the second session of the One Hundred Fourth Con-
gress, except that this Act shall not apply to the United
States Capitol Police.
‘‘(9) The Worker Adjustment and Retraining Noti-
fication Act (29 U.S.C. 2101 et seq.), effective at the be-
ginning 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 (in-
cluding hiring, promotion or demotion, salary and wages,
overtime compensation, benefits, work assignments or
reassignments, termination, protection from discrimination in
personnel actions, health and safety of employees, and family
and medical leave) of employees apply to the House in ac-
cordance with this rule.
‘‘(c) The House shall comply with the Occupational
Safety and Health Act of 1970 as follows: If a citation of a
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violation of such Act is received, action to abate the violation
shall take place as soon as possible, but no later than the fis-
cal year following the fiscal year in which the citation is is-
sued, subject to the availability of funds appropriated 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 compensation 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 application of the laws re-
ferred 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 be-
fore appointment as executive director. The term of office of
the executive director shall be a single term of 5 years.
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‘‘(b)(1)(A) No individual who engages 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 Secretary of the Senate or the Clerk shall be consid-
ered 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 Rep-
resentatives 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 subparagraph
(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), mem-
bership 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) Of the members first appointed to the Board of Di-
rectors—
‘‘(A) 1 shall have a term of office of 3 years,
‘‘(B) 2 shall have a term of office of 4 years, and
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‘‘(C) 2 shall have a term of office of 5 years,
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 re-
moved from office by a majority decision of the appointing
authorities described in paragraph (a)(1) and only for—
‘‘(A) disability that substantially prevents the mem-
ber from carrying out the duties of the member,
‘‘(B) incompetence,
‘‘(C) neglect of duty,
‘‘(D) malfeasance, or
‘‘(E) a felony or conduct involving moral turpitude.
‘‘(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 Financial Services
or any individual to whom supervision and all other em-
ployee-related matters were transferred to the Sergeant
at Arms pursuant to direction of the Committee on Ap-
propriations in House Report 103–517 of the One Hun-
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dred Third Congress, and such term includes an appli-
cant 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 Rep-
resentatives, or the Director of the Congressional Budget
Office, with the power to appoint the employee.
(3) The term ‘‘Member of the House of Representa-
tives’’ means a Representative in, or a Delegate or Resi-
dent Commissioner to, the Congress.
(4) The term ‘‘elected officer of the House of Rep-
resentatives’’ means an elected officer of the House of
Representatives (other than the Speaker and the Chap-
lain).
(5) The term ‘‘Office’’ refers to the Office of Com-
pliance 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 31, 1994,
to House employees shall continue to apply to such employees
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until the effective date such laws are made applicable in ac-
cordance 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 an-
nual 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 mem-
ber is engaged in the performance of the duties of the Board.
(2) Each member of the Board of Directors shall receive
travel expenses, including per diem in lieu of subsistence, 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 com-
pensation of such staff, including hearing officers, as are nec-
essary 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 the
services of members or personnel of the General Accounting
Office Personnel Appeals Board.
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(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 Direc-
tors shall complete such study and report the results to
House of Representatives not later than 180 days after the
date of the first appointment of the first executive 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 Rep-
resentatives should apply to the House of Representa-
tives and if it should, the manner in which it should be
made applicable;
(2) shall study the application to the House of pro-
visions 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;
(3) may propose regulations with respect to such
application in accordance with subsection (c); and
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(4) may review the regulations in effect under sub-
section (e)(1) and make such amendments as may be ap-
propriate in accordance with subsection (c).
(c)(1)(A) Not later than 180 days after the date of the
completion of the study under subsection (a), the Board of
Directors shall, in accordance with section 553 of title 5,
United States Code, propose regulations to implement the re-
quirements of the laws referred to in clause 2(a) of rule LII
of the Rules of the House of Representatives. The Board of
Directors shall provide a period of at least 30 days for com-
ment on the proposed regulations.
(B) In addition to publishing a general notice of pro-
posed rulemaking under section 553(b) of title 5, United
States Code, the Board of Directors shall concurrently submit
such notice for publication in the Congressional Record.
(C) When proposing regulations under subparagraph (A)
to implement the requirements of a law referred to in clause
2(a) of rule LII of the Rules of the House of Representatives,
the Board of Directors shall recommend to the House of Rep-
resentatives changes in or repeals of existing law to accom-
modate the application of such law to the House.
(D) 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.
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(2)(A) 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, propose regulations that
specify which of the provisions of Federal law considered in
such study shall apply to the House of Representatives. The
Board of Directors shall provide a period of at least 30 days
for comment on the proposed regulations.
(B) In addition to publishing a general notice of pro-
posed rulemaking under section 553(b) of title 5, United
States Code, the Board of Directors shall concurrently submit
such notice for publication in the Congressional Record.
(C) When proposing regulations under subparagraph (A)
specifying which of the provisions of Federal law referred to
in clause 2(b) of rule LII of the Rules of the House of Rep-
resentatives shall apply to the House of Representatives, the
Board of Directors shall recommend to the House of Rep-
resentatives changes in or repeals of existing law to accom-
modate the application of such law to the House.
(D) 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) Regulations under paragraphs (1) and (2) shall be
consistent with the regulations issued by an agency of the ex-
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ecutive branch of the Federal Government under the provi-
sion of law made applicable to the House of Representatives,
including portions relating to remedies.
(4) If a regulation is disapproved by a resolution consid-
ered 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 regulation disapproved. The
action of the Board of Directors under this paragraph shall
be in accordance with the applicable requirements of this sub-
section.
(d) A final regulation issued under subsection (c) shall
be transmitted to the House of Representatives for consider-
ation under paragraph (e).
(e)(1) Subject to subsection (f), a final regulation which
is issued under subsection (c) shall take effect upon the expi-
ration of 60 days from the date the final regulation is issued
unless disapproved by the House of Representatives by reso-
lution.
(2) A resolution referred to in paragraph (1) may be in-
troduced in the House of Representatives within 5 legislative
days after the date on which the Board of Directors issues
the final regulation to which the resolution applies. The mat-
ter after the resolving clause of the resolution shall be as fol-
lows: ‘‘That the House of Representatives disapproves the is-
suance of final regulations of the Office of Compliance as is-
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sued on llllll (the blank space being appropriately
filled in).’’.
(3) A resolution referred to in paragraph (1) shall be re-
ferred to the appropriate committee. If no resolution is re-
ported within 15 legislative days after the Board of Directors
issues final regulations under subsection (c)(1)(D) or
(c)(2)(D), the committee to which the resolution was referred
shall be discharged from further consideration of the first
such resolution introduced and the resolution shall be placed
on the appropriate calendar. Any meeting of a committee on
a resolution shall be open to the public. Within 5 legislative
days after the resolution is reported or discharged, it shall be
in order as a privileged matter to move to proceed to its con-
sideration and such motion shall not be debatable. The reso-
lution shall be debatable for not to exceed 4 hours equally di-
vided between proponents and opponents and it shall not be
subject to amendment.
(f) Any meeting of the Board of Directors held in con-
nection with a study under subsection (a) or (b) shall be open
to the public. Any meeting of the Board of Directors in con-
nection with a regulation under subsection (c) shall be open
to the public.
SEC. 6. OTHER FUNCTIONS.
(a) The executive director shall adopt rules governing
the procedures of the Office, subject to the approval of the
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Board of Directors, including the procedures of hearing
boards, which shall be submitted for publication in the Con-
gressional Record. The rules may be amended in the same
manner. The executive director may consult with the Chair-
man of the Administrative Conference of the United States
and the General Counsel of the House of Representatives on
the adoption of rules.
(b) The executive director shall have authority to con-
duct such investigations as the executive director requires to
implement sections 7 through 10.
(c) The Office shall—
(1) carry out a program of education for Members
of the House of Representatives and other employing au-
thorities of the House of Representatives respecting the
laws made applicable to them and a program to inform
individuals of their rights under laws applicable to the
House of Representatives and under sections 7 through
10,
(2) in carrying out the program under paragraph
(1), distribute the telephone number and address of the
Office, procedures for action under sections 7 through
10, and any other information the executive director
deems appropriate for distribution, distribute such infor-
mation to Members and other employing authorities of
the House in a manner suitable for posting, provide such
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information to new employees of the House, distribute
such information to the residences of employees of the
House, and conduct seminars and other activities de-
signed to educate employers and employees in such in-
formation,
(3) compile and publish statistics on the use of the
Office by employees of the House, including the number
and type of contacts made with the Office, on the reason
for such contacts, on the number of employees who initi-
ated proceedings with the Office under sections 7
through 10 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,
develop a system for the collection of demographic data
respecting the composition of employees of the House,
including race, sex, and wages, and a system for the col-
lection of information on employment practices, includ-
ing family leave and flexible work hours, in House of-
fices.
(d) 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 the House of Representa-
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tives a report on the information collected under such system.
Each report after the first report shall contain a comparison
and evaluation of data contained in the previous report.
SEC. 7. PROCEDURE FOR CONSIDERATION OF ALLEGED VIOLA-
TIONS.
The procedure for consideration of alleged violations of
laws made applicable to the House of Representatives under
this rule consists of 3 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.
SEC. 8. STEP I: COUNSELING.
(a) An employee of the House alleging a violation of a
law made applicable to the House of Representatives under
rule LII of the Rules of the House of Representatives may
request counseling through the Office. The Office shall pro-
vide the employee with all relevant information with respect
to the rights of the employee. 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) The period for counseling shall be 30 days unless the
employee and the Office agree to reduce the period. The pe-
riod shall begin on the date the request for counseling is re-
ceived.
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SEC. 9. STEP II: MEDIATION.
(a) Not later than 15 days after the end of the counsel-
ing period under section 8, the employee who alleged a viola-
tion of a law made applicable to the House of Representatives
under rule LII of the Rules of the House of Representatives
may file a request for mediation with the Office. Mediation—
(1) may include the Office, the employee, the em-
ploying authority, and individuals who are recommended
by organizations composed primarily of individuals expe-
rienced 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 au-
thority.
(b) The mediation period shall be 30 days beginning on
the date the request for mediation is received and may be ex-
tended for an additional 30 days at the discretion of the Of-
fice. The Office shall notify the employee and the head of the
employing authority when the mediation period has ended.
SEC. 10. STEP III: FORMAL COMPLAINT AND HEARING.
(a) Not later than 30 days after receipt by the employee
of the House of notice from the Office of the end of the medi-
ation period under section 9, the employee of the House may
file a formal complaint with the Office against the head of
the employing authority involved. No complaint may be filed
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unless the employee has made a timely request for counseling
and has completed the procedures set forth in sections 8 and
9.
(b) A board of 3 independent hearing officers (herein-
after in this resolution referred to as a ‘‘hearing board’’), who
are not Members, officers, or employees of the House, chosen
by the executive director (one of whom shall be designated by
the executive director as the presiding hearing officer) shall
be assigned to consider each complaint filed under subsection
(a). The executive director shall appoint hearing officers from
candidates who are recommended by the Federal Mediation
and Conciliation Service or the Administrative Conference of
the United States. A hearing board shall act by majority vote.
(c) Prior to a hearing under subsection (d), a hearing
board may dismiss any claim that it finds to be frivolous.
(d) 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 com-
plaint under subsection (a), except that the Office may,
for good cause, extend up to an additional 60 days the
time for conducting a hearing.
(e) Reasonable prehearing discovery may be permitted at
the discretion of the hearing board.
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(f)(1) A hearing board may authorize subpoenas, which
shall be issued by the presiding hearing officer on behalf of
the hearing board under the seal of the House of Representa-
tives for the attendance of witnesses at proceedings of the
hearing board and for the production of correspondence,
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) If a person refuses to obey a subpoena issued under
paragraph (1), the hearing board may report the refusal to
the Committee on Rules which may take any action it deems
appropriate, which shall be authorized by the chairman and
ranking minority member acting jointly. Such action may in-
clude—
(A) a referral to the Committee on Standards of Of-
ficial Conduct if the refusal is by a current Member of
the House of Representatives or officer or employee of
the House of Representatives, or
(B) a report to the House of Representatives of a
resolution to certify a contempt pursuant to sections 102
and 104 of the Joint Resolution of June 22, 1938 (2
U.S.C. 192, 194) if the failure is by someone other than
a current Member of the House of Representatives or of-
ficer or employee of the House of Representatives.
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(3) 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 Proce-
dure for the United States district courts.
(4) All process of any court to which application is to
be made under paragraph (2) may be served in the judicial
district in which the person required to be served resides or
may be found.
(5) The hearing board is an agency of the United States
for the purpose of part V of title 18, United States Code (re-
lating to immunity of witnesses).
(g) As expeditiously as possible, but in no case more
than 45 days after the conclusion of the hearing, the hearing
board shall make a decision in the matter for which the hear-
ing was held. The decision of the hearing board shall be
transmitted by the Office to the employee of the House and
the employing authority. The decision 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 House of Representatives under
this rule has occurred. Any decision of the hearing board
shall contain a written statement of the reasons for the hear-
ing board’s decision. A final decision of the hearing board
shall be made available to the public by the Office.
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(h) If the decision of the hearing board under subsection
(g) is that a violation of a law made applicable to the House
of Representatives under rule LII of the Rules of the House
of Representatives, it shall order the remedies under such law
as made applicable to the House of Representatives under
that rule, except that no Member of the House of Represent-
atives or any other head of an employing authority, or agent
of such a Member shall be personally liable for the payment
of compensation. The hearing board shall have no authority
to award punitive damages.
(i)(1) A House employee or an employing authority may
request the Board of Directors to review a decision of the
hearing board under subsection (g) (including a decision after
a remand under paragraph (2)(A)). Such a request shall be
made within 30 days of the date of the decision of the hear-
ing board. Review by the Board of Directors shall be based
on the record of the hearing board.
(2) The Board of Directors shall issue a decision not
later than 60 days after the date of the request under para-
graph (1). The decision of the Board of Directors may—
(A) remand to the hearing board the matter before
the Board of Directors for the purpose of supplementing
the record or for further consideration;
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(B) reverse the decision of the hearing board and
enter a new decision and order in accordance with sub-
section (h); or
(C) direct that the decision and order of the hearing
board be considered as the final decision.
(j) There shall be established in the House of Represent-
atives a fund from which compensation (including attorney’s
fees) may be paid in accordance with an order under sub-
section (h) or (i). From the outset of any proceeding in which
compensation may be paid from a fund of the House of Rep-
resentatives, the General Counsel of the House of Represent-
atives may provide the respondent with representation.
SEC. 11. RESOLUTION OF COMPLAINT.
If, after a formal complaint is filed under section 10, the
employee and the employing authority resolve the issues in-
volved, the employee may withdraw the complaint or the par-
ties may enter into a written agreement, subject to the ap-
proval of the executive director.
SEC. 12. PROHIBITION OF INTIMIDATION.
Any intimidation of, or reprisal against, any employee of
the House by any Member, officer, or employee of the House
of Representatives because of the exercise of a right under
this resolution constitutes an unlawful employment practice,
which may be remedied in the same manner under this reso-
lution as is a violation of a law made applicable to the House
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of Representatives under rule LII of the Rules of the House
of Representatives.
SEC. 13. CONFIDENTIALITY.
(a) All counseling shall be strictly confidential except
that the Office and the employee may agree to notify the
head of the employing authority of the allegations.
(b) All mediation shall be strictly confidential.
(c) Except as provided in subsection (d), the hearings
and deliberations of the hearing board shall be confidential.
(d) At the discretion of the executive director, the execu-
tive director may provide to the Committee on Standards of
Official Conduct access to the records of the hearings and de-
cisions of the hearing boards, including all written and oral
testimony in the possession of the hearing boards, concerning
a decision under section 10(g). The executive director shall
not 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.
(e) The executive director shall coordinate the proceed-
ings with the Committee on Standards of Official Conduct to
ensure effectiveness, to avoid duplication, and to prevent pe-
nalizing cooperation by respondents in their respective pro-
ceedings.
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SEC. 14. POLITICAL AFFILIATION AND PLACE OF RESIDENCE.
(a) It shall not be a violation of a law made applicable
to the House of Representatives under rule LII of the Rules
of the House of Representatives to consider the—
(1) party affiliation,
(2) domicile, or
(3) political compatibility with the employing au-
thority,
of an employee of the House with respect to employment de-
cisions.
(b) For purposes of subsection (a), the term ‘‘employee’’
means—
(1) an employee on the staff of the House of Rep-
resentatives leadership,
(2) an employee on the staff of a committee or sub-
committee,
(3) an employee on the staff of a Member of the
House of Representatives,
(4) an officer or employee of the House of Rep-
resentatives elected by the House of Representatives or
appointed by a Member of the House of Representatives,
other than those described in paragraphs (1) through
(3), or
(5) an applicant for a position that is to be occupied
by an individual described in paragraphs (1) through
(4).