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),
(3) the health and safety of employees, or
(4) the availability of information to the public,
apply to the House of Representatives and the Sen-
ate (hereinafter in this Act referred to jointly as the
‘‘Congress’’) in accordance with section 4.
SEC. 3. OFFICE OF COMPLIANCE.
(a) ESTABLISHMENT.—There is established in the
legislative branch for the Congress an Office of Compli-
ance (hereinafter in this Act referred to as the ‘‘Office’’).
(b) COMPOSITION.—
(1) IN
GENERAL.—The Office shall be com-
posed of a Board of Directors and staff. The Board
of Directors shall consist of 13 individuals appointed
jointly by the Speaker of the House of Representa-
tives, the majority leader of the Senate, and the mi-
nority leaders of the House of Representatives and
the Senate. Appointments to the Board of Directors
shall be completed not later than 120 days after the
date of the enactment of this Act.
(2) QUALIFICATIONS.—
(A) IN
GENERAL.—The members of the
Board of Directors who shall have the general
authority described in subsection (c)(1) shall
be—
(i) 7 individuals with training or ex-
pertise in—
(I) the application of the laws re-
ferred to in section 2 to employment,
and
(II) employment in the Congress,
and
(ii) 2 Members of the House of Rep-
resentatives, 2 Senators, one employee of
the House of Representatives, and one em-
ployee of the Senate.
(B) SPECIFIC QUALIFICATIONS.—
(i) LOBBYING.—No individual who en-
gages in, or is otherwise employed in, lob-
bying of the Congress shall be considered
eligible for appointment to, or service on,
the Board of Directors.
(ii) OFFICE.—No member appointed
under subparagraph (A)(i) may hold the
position of Member of the House of Rep-
resentatives, Senator, or employee of the
House of Representatives or the Senate
(3) POLITICAL AFFILIATION.—Not more than
one Member of the House of Representatives who is
a member of the Board of Directors and not more
than one Senator who is a member of the Board of
Directors may be of the same political party.
(4) HOLDING OFFICE.—If during a term of of-
fice a member of the Board of Directors no longer
holds the position qualifying such member or en-
gages in an activity described in paragraph
(2)(B)(i), such position shall be declared vacant and
a successor shall be selected in accordance with
paragraph (2).
(5) VACANCIES.—A vacancy in the Board of
Directors shall be filled in the manner in which the
original appointment was made.
(c) AUTHORITY.—
(1) IN
GENERAL.—The 13 members of the
Board of Directors appointed under subsection
(b)(1) shall have the authority to carry out the func-
tions described in subsections (a), (b), (d), and (e)
of section 4.
(2) LIMITED AUTHORITY.—The 7 members of
the Board of Directors appointed under subsection
(b)(2)(A)(i) shall have the additional authority to
carry out the functions of the Office under sections
5 through 12.
(d) TERM OF OFFICE.—
(1) IN GENERAL.—Except as provided in para-
graph (2), membership on the Board of Directors
shall be for 5 years.
(2) FIRST
APPOINTMENTS.—Of the members
first appointed to the Board of Directors—
(A) 3 shall have a term of office of one
year,
(B) 3 shall have a term of office of 2
years,
(C) 3 shall have a term of office of 3
years,
(D) 3 shall have a term of office of 4
years, and
(E) 3 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) CHAIRMAN.—The Chairman of the Board of Di-
rectors shall be appointed from the members of the Board
of Directors by the members of the Board.
(f) BASIC PAY.—Members of the Board of Directors
shall serve without pay.
(g) STAFF.—The Board of Directors may appoint
and fix the compensation of such staff, including hearing
officers, as are necessary to carry out the Board of Direc-
tor’s functions.
(h) DETAILEES.—The Board of Directors may, with
the prior consent of the Government department or agency
concerned, use on a reimbursable or nonreimbursable
basis the services of any such department or agency, in-
cluding the services of members or personnel of the Gen-
eral Accounting Office Personnel Appeals Board.
(i) CONSULTANTS.—In carrying out the functions of
the Office, the Board of Directors may procure the tem-
porary (not to exceed 1 year) or intermittent services of
individual consultants, or organizations thereof.
SEC. 4. BOARD FUNCTIONS.
(a) INITIAL ACTION.—
(1) STUDY.—The Board of Directors shall con-
duct a study of the application to Congress of the
laws referred to in section 2. The Board of Directors
shall complete such study and report the results to
Congress not later than 180 days after the date of
the enactment of this Act.
(2) REGULATIONS.—Not later than 180 days
after the date of the completion of the study under
subsection (a), the Board of Directors shall, in ac-
cordance with section 553 of title 5, United States
Code, issue regulations which specify which of such
laws shall apply to Congress. Such regulations—
(A) shall take into account the costs asso-
ciated with the application of such laws to the
Congress,
(B) shall be consistent with the provision
of law made applicable to Congress, including
remedies, except as otherwise specifically pro-
vided, and
(C) may specify specific dates for the ap-
plication of specific laws and may specify spe-
cific means for the application of such laws.
(b) CONTINUING ACTION.—On an ongoing basis the
Board of Directors shall study the application to the Con-
gress of laws referred to in section 2 which are enacted
after the date of the enactment of this Act and may issue
regulations with respect to such laws in accordance with
subsection (a)(2).
(c) CONGRESSIONAL APPROVAL.—
(1) IN
GENERAL.—Regulations of the Office
shall not go in effect unless approved by the Con-
gress under this subsection.
(2) RULEMAKING.—The provisions of this sub-
section are enacted by the Congress—
(A) as an exercise of the rulemaking power
of the House of Representatives, and as such
they are deemed a part of the rules of the
House, but applicable only with respect to the
procedure to be followed in the House in the
case of concurrent resolutions of regulation ap-
proval, and such provisions supersede other
rules of the House only to the extent that they
are inconsistent with such other rules; and
(B) with full recognition of the constitu-
tional right of the House to change the rules
(so far as relating to the procedure of the
House) at any time, in the same manner and
to the same extent as in the case of any other
rule of the House.
(3) REFERRAL.—Concurrent resolutions of reg-
ulation approval shall, upon introduction, be imme-
diately referred by the Speaker of the House to the
appropriate committee or committees of the House.
Any such concurrent resolution received from the
Senate shall be held at the Speaker’s table.
(4) COMMITTEE
CONSIDERATION.—Upon the
expiration of 6 days of continuous session after the
introduction of the first concurrent resolution of reg-
ulation approval with respect to any regulation, each
committee to which such concurrent resolution was
referred shall be discharged from further consider-
ation of such concurrent resolution, and such con-
current resolution shall be referred to the appro-
priate calendar, unless such concurrent resolution or
an identical resolution was previously reported by
each committee to which it was referred.
(5) HOUSE
CONSIDERATION.—It shall be in
order for the Speaker to recognize a Member favor-
ing a concurrent resolution to call up a concurrent
resolution of regulation approval after it has been on
the appropriate calendar for 5 legislative days. When
any such concurrent resolution is called up, the
House shall proceed to its immediate consideration
and the Speaker shall recognize the Member calling
up such concurrent resolution and a Member op-
posed to such concurrent resolution for 1 hour of de-
bate in the House, to be equally divided and con-
trolled by such Members. When such time has ex-
pired, the previous question shall be considered as
ordered on the concurrent resolution to adoption
without intervening motion. No amendment to any
such concurrent resolution shall be in order, nor
shall it be in order to move to reconsider the vote
by which such resolution is agreed to or disagreed
to.
(6) SENATE CONCURRENT RESOLUTION.—If the
House receives from the Senate a concurrent resolu-
tion of regulation approval with respect to any regu-
lation approval, then the following procedures shall
apply:
(A) The concurrent resolution of the Sen-
ate with respect to such regulation approval
shall not be referred to a committee.
(B) With respect to the concurrent resolu-
tion of the House with respect to such regula-
tion the procedure with respect to that or other
concurrent resolutions of the House with re-
spect to such regulation approval shall be the
same as if no resolution from the Senate with
respect to such regulation had been received.
On any vote on final passage a concurrent reso-
lution of the House with respect to such regula-
tion, a resolution from the Senate with respect
to such regulation where the text is identical
shall be automatically substituted for the reso-
lution of the House.
(7) COMPUTATION OF DAYS.—For purposes of
this section—
(A) continuity of session of Congress is
broken only by an adjournment sine die; and
(B) the days on which either House is not
in session because of an adjournment of more
than 3 days to a day certain are excluded in the
computation of the 60-day period referred to in
paragraph (4).
(d) RULES OF THE OFFICE.—The Board of Directors
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
Board of Directors may consult with the Chairman of the
Administrative Conference of the United States on the
adoption of rules.
(e) INFORMATION PROGRAM.—The Board of Direc-
tors shall carry out such information program as may be
appropriate to acquaint Members of the House of Rep-
resentatives, Senators, and congressional employees as to
the provisions, including remedies, of the laws made appli-
cable to the Congress under subsection (a) or (b).
SEC. 5. PROCEDURE FOR CONSIDERATION OF ALLEGED
VIOLATIONS.
The procedure for consideration of alleged violations
of laws made applicable to Congress under the regulation
promulgated under section 4(a) consists of 4 steps as
follows:
(1) Step I, counseling, as set forth in section 6.
(2) Step II, mediation, as set forth in section
7.
(3) Step III, formal complaint and hearing by
a hearing board, as set forth in section 8.
(4) Step IV, judicial review of a hearing board
decision, as set forth in section 9.
the mediation period under section 7, 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 6 and 7.
(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 Board
of Directors (one of whom shall be designated by the
Board of Directors as the presiding hearing officer) shall
be assigned to consider each complaint filed under sub-
section (a). The Board of Directors shall appoint hearing
officers after considering any candidates who are rec-
ommended to the Director by the Federal Mediation and
Conciliation Service, the Administrative Conference of the
United States, or organizations composed primarily of in-
dividuals experienced in adjudicating or arbitrating per-
sonnel 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—
(1) in closed session on the record by a hearing
board,
(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, and
(3) except as specifically provided in this Act
and to the greatest extent practicable, in accordance
with the principles and procedures set forth in sec-
tions 554 through 557 of title 5, United States
Code.
(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
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 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) 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) DECISION.—As expeditiously as possible, but in
no case more than 45 days after the conclusion of the
hearing, the hearing board shall make a recommendation
to the Board of Directors for a decision in the matter for
which the hearing was held. The decision of the Board
of Directors shall be transmitted by the Office to the em-
ployee and the employing office. 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 Congress under
section 4 has occurred. Any decision of the Board of Di-
rectors shall contain a written statement of the reasons
for the Board’s decision.
(h) REMEDY ORDER.—If the Board of Directors de-
termines that a violation of a law made applicable to Con-
gress under section 4 has occurred, it shall order such
remedies as are authorized under the regulations promul-
gated under section 4. The Board of Directors shall have
no authority to award punitive damages. The entry of an
order under this subsection shall constitute a final decision
for purposes of judicial review under section 9.
SEC. 9. JUDICIAL REVIEW.
(a) IN GENERAL.—Any congressional employee ag-
grieved by a dismissal under section 8(c), a final decision
under section 8(g), or an order under section 8(h), or any
Member of the House of Representatives or Senate ag-
grieved by a final decision under section 8(g) or who would
be subject to an order issued under section 8(h), may peti-
tion for review by the United States Court of Appeals for
the Federal Circuit.
(b) LAW APPLICABLE.—Chapter 158 of title 28,
United States Code, shall apply to a review under sub-
section (a) except that—
(1) with respect to section 2344 of title 28,
United States Code, service of the petition shall be
on the House or Senate Legal Counsel, as the case
may be, rather than on the Attorney General,
(2) the provisions of section 2348 of title 28,
United States Code, on the authority of the Attorney
General, shall not apply,
(3) the petition for review shall be filed not
later than 90 days after the entry in the Office of
a final decision under section 8(g) or order under
section 8(h),
(4) the Office shall be an ‘‘agency’’ as that
term is used in chapter 158 of title 28, United
States Code, and
(5) the Office shall be the respondent in any
proceeding under subsection (a).
(c) STANDARD OF REVIEW.—To the extent necessary
to 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 final deci-
sion under section 8(h) or order under section 8(g) if it
is determined that the decision or order was—
(1) arbitrary, capricious, an abuse of discretion,
or otherwise not consistent with law;
(2) not made consistent with required proce-
dures; or
(3) unsupported by substantial evidence.
In making the foregoing determinations, the court shall
review the whole record, or those parts of it cited by a
party, and due account shall be taken of the rule of preju-
dicial 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.
(d) ATTORNEY’S FEES.—If an employee is the pre-
vailing party in a proceeding under this section, attorney’s
fees 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. 10. RESOLUTION OF COMPLAINT.
If, after a formal complaint is filed under section 8,
the employee and the head of the employing office resolve