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#(Star Print)
Calendar No. 710
103D CONGRESS
2D SESSION
H. R. 4822
[Report No. 103–397]
IN THE SENATE OF THE UNITED STATES
AUGUST 12 (legislative day, AUGUST 11), 1994
Received; read twice and referred to the Committee on Governmental Affairs
OCTOBER 3 (legislative day, SEPTEMBER 12), 1994
Reported by Mr. GLENN, with an amendment and an amendment to the title
[Strike out all after the enacting clause and insert the part printed in italic]
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 Ac-
countability Act’’.
SEC. 2. DEFINITIONS.
As used in this Act:
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(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
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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;
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(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
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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.
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(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
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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,
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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
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Member of the House of Representatives, Sen-
ator, or employee of the House of Representa-
tives or the Senate.
(3) HOLDING OFFICE.—If during a term of of-
fice a member of the Board of Directors engages in
an activity described in paragraph (2)(A), such posi-
tion shall be declared vacant and a successor shall
be selected in accordance with subsection (b)(1).
(4) VACANCIES.—A vacancy in the Board of
Directors shall be filled in the manner in which the
original appointment was made.
(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
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(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).
(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.
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(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.—The Board of Directors shall
conduct a study of the manner in which the laws made
applicable to the legislative branch of the Federal Govern-
ment under section 3(a) should apply and include in the
study an examination of the procedures used by the in-
strumentalities to enforce the application of such laws and
a determination as to whether such procedures may be
used in lieu of sections 7 through 12. The Board of Direc-
tors shall complete such study and report the results to
Congress not later than 180 days after the date of the
first appointment of all the members of the Board of Di-
rectors.
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(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; and
(3) may propose regulations with respect to
such application in accordance with subsection (b).
(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)(1), the Board of Di-
rectors shall, in accordance with section 553 of
title 5, United States Code, propose regulations
that specify the manner in which the laws made
applicable to the legislative branch of the Fed-
eral Government under section 3(a) shall apply.
The Board of Directors shall provide a period
of at least 30 days for comment on the pro-
posed regulations.
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(B) CONGRESSIONAL NOTICE.— In addi-
tion to publishing a general notice of proposed
rulemaking under section 553(b) of title 5,
United States Code, the Board of Directors
shall concurrently submit such notice for publi-
cation in the Congressional Record.
(C) AMENDMENTS AND REPEALS.—When
proposing regulations under subparagraph (A)
specifying the manner in which a law referred
to in section 3(a) 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 accom-
modate the application of such law to the legis-
lative 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
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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
provide a period of at least 30 days for com-
ment on the proposed regulations.
(B) CONGRESSIONAL NOTICE.— In addi-
tion to publishing a general notice of proposed
rulemaking under section 553(b) of title 5,
United States Code, the Board of Directors
shall concurrently submit such notice for publi-
cation 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
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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
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.
(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) shall be in-
troduced in the House of Representatives or the
Senate after the date on which the Board of Direc-
tors issues the final regulation to which the concur-
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rent resolution applies. The matter after the resolv-
ing clause of the resolution shall be as follows:
‘‘That Congress disapproves the issuance of final
regulations of the Office of Compliance as issued on
XXXXXX (the blank space being appropriately
filled in).’’.
(f) IMPLEMENTING BILLS.—When a regulation is-
sued under subsection (c)(1) or (c)(2) takes effect under
subsection (e), the majority leader of the House of Rep-
resentatives and the majority leader of the Senate shall
introduce implementing bills on the date such regulation
takes effect.
(g) PROCEDURE FOR ACTION BY CONGRESS.—
(1) DEFINITION.—For purposes of subsection
(f) and this subsection, the term ‘‘implementing bill’’
means—
(A) in the case of a bill introduced after
the transmittal to Congress of a regulation
under subsection (c)(1) which prescribes the
manner in which a law made applicable to the
legislative branch of the Federal Government
under section 5 shall apply, a bill which pre-
scribes, consistent with such regulation and any
recommendation
made
under
subsection
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(c)(1)(C) and without substantive change, the
manner in which such law shall apply; and
(B) in the case of a bill introduced after
the transmittal to Congress of a regulation
under subsection (c)(2) which prescribes which
law shall apply to the legislative branch of the
Federal Government and which prescribes the
manner in which such law shall apply, a bill
which prescribes, consistent with such regula-
tion and any recommendation made under sub-
section
(c)(1)(C)
and
without
substantive
change, that such law shall apply to the legisla-
tive branch of the Federal Government and the
manner in which such law shall apply.
(2) REFERRAL.—When an implementing bill is
introduced it shall be referred to the committee with
jurisdiction over the law covered by the implement-
ing bill.
(3) AMENDMENTS
PROHIBITED.—No amend-
ment to an implementing bill shall be in order in ei-
ther the House of Representatives or the Senate;
and no motion to suspend the application of this
subsection shall be in order in either House, nor
shall it be in order in either House for the Presiding
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Officer to entertain a request to suspend the appli-
cation of this subsection by unanimous consent.
(4) PERIOD FOR COMMITTEE AND FLOOR CON-
SIDERATION.—
(A) GENERAL RULE.—Except as provided
in subparagraph (B), if the committee or com-
mittees of either House to which an implement-
ing bill has been referred have not reported it
at the close of the 45th day after its introduc-
tion, such committee or committees shall be
automatically discharged from further consider-
ation of the bill and it shall be placed on the
appropriate calendar. A vote on final passage of
the bill shall be taken in each House on or be-
fore the close of the 15th day after the bill re-
ported by the committee or committees of that
House to which it was referred, or after such
committee or committees have been discharged
from further consideration of the bill. If prior
to the passage by one House of an implement-
ing bill of that House, that House receives the
same implementing bill from the other House,
then—
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(i) the procedure in that House shall
be the same as if no implementing bill had
been received from the other House; but
(ii) the vote on final passage shall be
on the implementing bill of the other
House.
(B) SENATE.—The provisions of subpara-
graph (A) shall not apply in the Senate to an
implementing bill. An implementing bill received
from the House shall be referred to the appro-
priate committee or committees of the Senate.
If such committee or committees have not re-
ported such bill at the close of the 15th day
after its receipt by the Senate (or, if later, be-
fore the close of the 45th day after the cor-
responding implementing bill was introduced in
the Senate), such committee or committees
shall be automatically discharged from further
consideration of such bill and it shall be placed
on the calendar. A vote on final passage of such
bill shall be taken in the Senate on or before
the close of the 15th day after such bill is re-
ported by the committee or committees of the
Senate to which it was referred, or after such
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committee or committees have been discharged
from further consideration of such bill.
(C) NUMBER OF DAYS.—For purposes of
subparagraphs (A) and (B), in computing a
number of days in either House, there shall be
excluded any day on which that House was not
in session.
(5) FLOOR CONSIDERATION IN THE HOUSE.—
(A) PRIVILEGES.—A motion in the House
of Representatives to proceed to the consider-
ation of an implementing bill shall be highly
privileged and not debatable. An amendment to
the motion shall not be in order, nor shall it be
in order to move to reconsider the vote by
which the motion is agreed to or disagreed to.
(B) TIME.—Debate in the House of Rep-
resentatives on an implementing bill shall be
limited to not more than 20 hours, which shall
be divided equally between those favoring and
those opposing the bill. A motion further to
limit debate shall not be debatable. It shall not
be in order to move to recommit an implement-
ing bill or to move to reconsider the vote by
which an implementing bill is agreed to or dis-
agreed to.
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(C)
POSTPONEMENT.—Motions
to
post-
pone, made in the House of Representatives
with respect to the consideration of an imple-
menting bill, and motions to proceed to the con-
sideration of other business, shall be decided
without debate.
(D) APPEALS.—All appeals from the deci-
sions of the Chair relating to the application of
the Rules of the House of Representatives to
the procedure relating to an implementing bill
shall be decided without debate.
(E) OTHER RULES.—Except to the extent
specifically provided in the preceding provisions
of this subsection, consideration of an imple-
menting bill shall be governed by the Rules of
the
House
of
Representatives
applicable
to
other bills in similar circumstances.
(6) FLOOR CONSIDERATION IN THE SENATE.—
(A) PRIVILEGES.—A motion in the Senate
to proceed to the consideration of an imple-
menting bill shall be privileged and not debat-
able. An amendment to the motion shall not be
in order, nor shall it be in order to move to re-
consider the vote by which the motion is agreed
to or disagreed to.
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(B) BILL TIME.—Debate in the Senate on
an implementing, and all debatable motions and
appeals in connection therewith, shall be limited
to not more than 20 hours. The time shall be
equally divided between, and controlled by, the
majority leader and the minority leader or their
designees.
(C) MOTION OR APPEAL TIME.—Debate in
the Senate on any debatable motion or appeal
in connection with the implementing bill shall
be limited to not more than 1 hour, to be equal-
ly divided between, and controlled by, the mover
and the manager of the bill, except that in the
event the manager of the bill is in favor of any
such motion or appeal, the time in opposition
thereto, shall be controlled by the minority lead-
er or his designee. Such leaders, or either of
them, may, from time to time under their con-
trol on the passage of an implementing bill or
approval resolution, allot additional time to any
Senator during the consideration of any debat-
able motion or appeal.
(D) OTHER
MOTIONS.—A motion in the
Senate to further limit debate is not debatable.
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A motion to recommit an implementing bill or
approval resolution is not in order.
SEC. 6. OTHER FUNCTIONS.
(a) RULES OF THE OFFICE.—The executive director
shall adopt rules governing the procedures of the Office,
including the procedures of hearing boards, which shall be
submitted for publication in the Congressional Record.
The rules may be amended in the same manner. The exec-
utive director may consult with the Chairman of the Ad-
ministrative 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
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,
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(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,
(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
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(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 of-
fices.
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 the regulation promulgated
under section 5(b) applicable to such laws or under laws
enacted under section 5(f) applicable to such laws, which-
ever are in effect, 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 under section
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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-
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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
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the mediation period under section 9, the congressional
employee may file a formal complaint with the Office. No
complaint may be filed unless the employee has made a
timely request for counseling and has completed the proce-
dures 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-
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, the Administrative Con-
ference of the United States, or organizations composed
primarily of individuals experienced in adjudicating or ar-
bitrating personnel matters. 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—
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(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
under, in a matter involving the House of Rep-
resentatives, the seal of the House of Representa-
tives, for the attendance of witnesses at proceedings
of the hearing board and for the production of cor-
respondence, books, papers, documents, and other
records. The attendance of witnesses and the pro-
duction 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-
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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
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
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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 sec-
tion 5 has occurred. Any decision of the hearing board
shall contain a written statement of the reasons for the
hearing board’s decision.
(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 section 5, it shall order the remedies
under such law as made applicable to the legislative
branch of the Federal Government under section 5, except
that no Member of the House of Representatives or Sen-
ator shall be personally liable for the payment of com-
pensation. The hearing board shall have no authority to
award punitive damages. The entry of an order under sub-
section shall constitute a final decision for purposes of ju-
dicial review 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-
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sult of judicial review under section 11. 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 representation.
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(a), any congres-
sional employee aggrieved by a dismissal of a claim
under section 10(c), a final decision under section
10(g), a final order under section 10(h), or any
Member of the House of Representatives or Senator
aggrieved by a final decision under section 10(g) or
a final order under section 10(h), may—
(A) bring a civil action in a district court
of the United States for a de novo review of
such dismissal or of the alleged violation of law
with respect to which such decision or order
was issued if the law applicable to such dismis-
sal or violation authorizes such a review, or
(B) petition for review by the United
States Court of Appeals for the Federal Circuit.
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If in an action brought under subparagraph (A) a
court determines that a dismissal was not authorized
or a violation of law occurred, the court may only
enter an order described in section 10(h).
(2) PROVISIONS
APPLICABLE
TO
REVIEW
BY
COURT OF APPEALS.—The following provisions apply
to a review under paragraph (1)(B):
(A) LAW
APPLICABLE.—Chapter 158 of
title 28, United States Code, shall apply–
(i) with respect to section 2344 of
title 28, United States Code, service of the
petition shall be on the House or Senate
Legal Counsel, or the appropriate entity of
an instrumentality, as the case may be,
rather than on the Attorney General;
(ii) the provisions of section 2348 of
title 28, United States Code, on the au-
thority of the Attorney General, shall not
apply;
(iii) the petition for review shall be
filed not later than 90 days after the entry
in the Office of a final decision under sec-
tion 10(g), an order under section 10(h);