•HR 4822 RS1S
(iv) the Office shall be an ‘‘agency’’ as
that term is used in chapter 158 of title
28, United States Code; and
(v) the Office shall be the respondent
in any proceeding under subparagraph (A).
(B) STANDARD OF REVIEW.—To the ex-
tent 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 dismissal
under section 10(c), a final decision under sec-
tion 10(g), or an order under section 10(h) if
it is determined that the dismissal, decision, or
order was—
(i) arbitrary, capricious, an abuse of
discretion, or otherwise not consistent with
law;
(ii) not made consistent with required
procedures; or
(iii) unsupported by substantial evi-
dence.
(C) RECORD.—In making determinations
under subparagraph (B), the court shall review
the whole record, or those parts of it cited by
a party, and due account shall be taken of the
•HR 4822 RS1S
rule of prejudicial 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.
(3) INFORMATION.—Any petitioner seeking in-
formation from an office of the legislative branch of
the Federal Government that is aggrieved by a final
decision of the Office under section 10(g), may peti-
tion for review of the decision by the District Court
of the United States for the District of Columbia.
Such review shall be conducted in accordance with
subparagraphs (B), (C), (E), (F), and (G) of section
552(a)(4) of title 5, United States Code.
(b) ATTORNEY’S FEES.—If a congressional employee
is the prevailing party in a proceeding under this section,
attorney’s fees for the judicial proceeding 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. 12. RESOLUTION OF COMPLAINT.
If, after a formal complaint is filed under section 10,
the employee and the head of the employing office resolve
the issues involved, the employee may withdraw the com-
plaint or the parties may enter into a written agreement,
subject to the approval of the executive director.
•HR 4822 RS1S
SEC. 13. PROHIBITION OF INTIMIDATION.
Any intimidation of, or reprisal against, any employee
by any Member of the House of Representatives, Senator,
or officer or employee of the House of Representatives or
Senate, by the Architect of the Capitol or anyone employed
by the Architect of the Capitol, or by an instrumentality
of the legislative branch of the Federal Government be-
cause of the exercise of a right under this Act constitutes
an unlawful employment practice, which may be remedied
in the same manner under this Act as is a violation of
a law made applicable to the legislative branch of the Fed-
eral Government under section 5.
SEC. 14. CONFIDENTIALITY.
(a) COUNSELING.—All counseling shall be strictly
confidential except that the Office and the employee may
agree to notify the head of the employing office of the
allegations.
(b) MEDIATION.—All mediation shall be strictly
confidential.
(c) HEARINGS.—Except as provided in subsections
(d) and (e), the hearings, deliberations, and decisions of
the hearing board shall be confidential.
(d) RELEASE OF RECORDS FOR JUDICIAL ACTION.—
The records and decisions of hearing boards may be made
public if required for the purpose of judicial action under
section 9.
•HR 4822 RS1S
(e) ACCESS BY COMMITTEES OF CONGRESS.—At the
discretion of the executive director, the executive director
may provide to the Committee on Standards of Official
Conduct of the House of Representatives and the Select
Committee on Ethics of the Senate access to the records
of the hearings and decisions of the hearing boards, in-
cluding 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 consulted with the individ-
ual filing the complaint at issue in the hearing, and until
the hearing board has issued the decision.
(f) COORDINATION.—The executive director shall co-
ordinate the executive director’s proceedings with the
Committee on Standards and Official Conduct of the
House of Representatives and the Select Committee on
Ethics of the Senate to ensure effectiveness, to avoid du-
plication, and to prevent penalizing cooperation by re-
spondents in the respective proceedings.
SEC. 15. POLITICAL AFFILIATION AND PLACE OF RESI-
DENCE.
(a) IN GENERAL.—It shall not be a violation of a law
made applicable to the legislative branch of the Federal
Government under section 5 to consider the—
(1) party affiliation,
•HR 4822 RS1S
(2) domicile, or
(3) political compatibility with the employing
office,
of a congressional employee with respect to employment
decisions.
(b) DEFINITION.—For purposes of subsection (a),
the term ‘‘employee’’ means—
(1) an employee on the staff of the House of
Representatives or Senate leadership,
(2) an employee on the staff of a committee or
subcommittee,
(3) an employee on the staff of a Member of
the House of Representatives or Senate,
(4) an officer or employee of the House of Rep-
resentatives or Senate elected by the House of Rep-
resentatives or Senate or appointed by a Member of
the House of Representatives or Senate, other than
those described in paragraphs (1) through (3), or
(5) an applicant for a position that is to be oc-
cupied by an individual described in paragraphs (1)
through (4).
SEC. 16. OTHER REVIEW PROHIBITED.
No congressional employee may commence a judicial
proceeding to redress practices prohibited under section
5, except as provided in this Act.
•HR 4822 RS1S
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Congressional Accountability Act of 1994’’.
(b) TABLE OF CONTENTS.—The table of contents for
this Act is as follows:
Sec. 1. Short title and table of contents.
Sec. 2. Findings and purposes.
Sec. 3. Definitions.
TITLE I—EXTENSION OF RIGHTS AND PROTECTIONS, AND
ASSOCIATED PROCEDURES
Sec. 101. Rights and protections under laws against employment discrimination.
Sec. 102. Rights and protections under the Family and Medical Leave Act.
Sec. 103. Rights and protections under the Fair Labor Standards Act.
Sec. 104. Procedures for remedy of employment discrimination, family and medi-
cal leave, and fair labor standards violations.
Sec. 105. Rights and protections under title II of the Americans with Disabilities
Act of 1990; procedures for remedy of violations.
Sec. 106. Rights and protections under the Occupational Safety and Health Act
of 1970; procedures for remedy of violations.
Sec. 107. Application of Federal service labor-management relations statute; pro-
cedures for implementation and enforcement.
Sec. 108. Study and recommendations regarding General Accounting Office, Gov-
ernment Printing Office, and Library of Congress.
TITLE II—OFFICE OF CONGRESSIONAL FAIR EMPLOYMENT
PRACTICES—ESTABLISHMENT AND OPERATIONS
Sec. 201. Establishment of Office of Congressional Fair Employment Practices.
Sec. 202. Board of Directors.
Sec. 203. Officers, staff, and other personnel.
Sec. 204. Rulemaking by the Office.
Sec. 205. Information program.
Sec. 206. Data collection and report.
Sec. 207. Expenses of the Office.
TITLE III—ADMINISTRATIVE AND JUDICIAL DISPUTE-RESOLUTION
PROCEDURES
Sec. 301. Counseling.
Sec. 302. Mediation.
Sec. 303. Complaint and hearing.
Sec. 304. Appeal to the Board.
Sec. 305. Judicial review of a final decision.
Sec. 306. Civil actions.
Sec. 307. Time limitations.
Sec. 308. Settlement of complaints.
Sec. 309. Confidentiality.
Sec. 310. Disclosure to committees of Congress.
Sec. 311. Representation.
•HR 4822 RS1S
TITLE IV—MISCELLANEOUS PROVISIONS
Sec. 401. Expedited procedures for congressional consideration of substantive
rules.
Sec. 402. Exercise of rulemaking powers.
Sec. 403. Settlement and awards reserves; authorization of appropriations.
Sec. 404. Other judicial review prohibited.
Sec. 405. Severability.
Sec. 406. Political affiliation and place of residence.
Sec. 407. Nondiscrimination rules of the House and Senate.
Sec. 408. Reports of congressional committees.
Sec. 409. Technical and conforming amendments.
Sec. 410. Savings provision.
SEC. 2. FINDINGS AND PURPOSES.
(a) FINDINGS.—The Congress makes the following
findings:
(1) All employees of the House of Representa-
tives, of the Senate, and of the congressional instru-
mentalities are entitled to fundamental rights and
protections provided by law to private and other pub-
lic employees.
(2) The Congress has made notable progress in
ensuring that such rights and protections are afforded
to these legislative branch employees, by—
(A) extending to employees of the House of
Representatives the provisions of the Civil Rights
Act of 1964, the Americans with Disabilities Act
of 1990, the Family and Medical Leave Act of
1993, and the Fair Labor Standards Act of
1938;
(B) extending to employees of the Senate the
provisions of the Civil Rights Act of 1964, the
•HR 4822 RS1S
Age Discrimination in Employment Act of 1967,
the Rehabilitation Act of 1973, the Americans
with Disabilities Act of 1990, and the Family
and Medical Leave Act of 1993; and
(C) extending to employees of congressional
instrumentalities numerous rights and protec-
tions under employment laws.
(3) The Congress should expand on this base of
rights and protections by eliminating gaps in cov-
erage and extending coverage so as to assure to legis-
lative branch employees the rights and protections of
laws on employment discrimination, family and med-
ical leave, fair labor standards, labor-management re-
lations, and occupational safety and health.
(4) The Congress should likewise establish
prompt, fair, and independent processes to resolve dis-
putes and to enforce employee rights and protections,
building on and strengthening the dispute resolution
and enforcement procedures already established by the
Government Employees Rights Act of 1991 (2 U.S.C.
1201 et seq.), section 117 of the Civil Rights Act of
1991 (2 U.S.C. 60l), and other relevant enactments
and rules of Congress.
(5) The extension of employee rights and protec-
tions affecting employees of the Architect of the Cap-
•HR 4822 RS1S
itol and the Capitol Police should be accomplished in
a manner that ensures that they are treated in a con-
sistent manner regardless of their place of assignment
within the Congress.
(6) The extension of employee rights and protec-
tions should be accomplished in a manner that is con-
sistent with the responsibilities and functions of the
House of Representatives and the Senate under the
Constitution.
(b) PURPOSES.—The purposes of this Act are to elimi-
nate gaps in coverage, extend coverage, and establish
prompt, fair, and independent dispute resolution and en-
forcement procedures, for rights and protections established
by—
(1) title VII of the Civil Rights Act of 1964;
(2) the Fair Labor Standards Act of 1938;
(3) the Age Discrimination in Employment Act
of 1967;
(4) title I and title II of the Americans with Dis-
abilities Act of 1990;
(5) section 501 of the Rehabilitation Act of 1973;
(6) the Family and Medical Leave Act of 1993;
(7) the Occupational Safety and Health Act of
1970; and
•HR 4822 RS1S
(8) chapter 71 of title 5, United States Code
(commonly known as the ‘‘Federal Service Labor-
Management Relations Statute’’).
SEC. 3. DEFINITIONS.
Except as otherwise specifically provided in this Act,
as used in this Act:
(1) BOARD.—The term ‘‘Board’’ means the
Board of Directors of the Office of Congressional Fair
Employment Practices appointed under section 202.
(2) CALENDAR DAY OF CONTINUOUS SESSION.—
The term ‘‘calendar day of continuous session’’ means
a calendar day other than one on which either House
is not in session because of an adjournment of more
than three days to a date certain.
(3) CHAIR.—The term ‘‘Chair’’ means the Chair
of the Board of Directors of the Office of Congres-
sional Fair Employment Practices appointed under
section 202(b).
(4) COVERED
EMPLOYEE.—The term ‘‘covered
employee’’ means any employee of—
(A) the House of Representatives;
(B) the Senate;
(C) the Architect of the Capitol;
(D) the Congressional Budget Office;
(E) the Office of Technology Assessment; or
•HR 4822 RS1S
(F) the Office of Congressional Fair Em-
ployment Practices.
(5) DIRECTOR.—The term ‘‘Director’’ means the
Director of the Office of Congressional Fair Employ-
ment Practices appointed under section 203(a).
(6) EMPLOYEE OF THE ARCHITECT OF THE CAP-
ITOL.—The term ‘‘employee of the Architect of the
Capitol’’, means—
(A) any employee of the Architect of the
Capitol, the Botanic Garden, or the Senate Res-
taurants;
(B) any applicant for a position that is to
be occupied by an individual described in sub-
paragraph (A) and whose claim of a violation
under this Act arises out of the application; and
(C) any individual who was formerly an
employee described in subparagraph (A) and
whose claim of a violation under this Act arises
out of the employment.
(7) EMPLOYEE OF CERTAIN CONGRESSIONAL IN-
STRUMENTALITIES.—The terms ‘‘employee of the Con-
gressional Budget Office’’, ‘‘employee of the Office of
Technology Assessment’’, and ‘‘employee of the Office
of Congressional Fair Employment Practices’’ mean,
respectively—
•HR 4822 RS1S
(A) any employee of the Congressional
Budget Office, the Office of Technology Assess-
ment, or the Office of Congressional Fair Em-
ployment Practices;
(B) any applicant for a position that is to
be occupied by an individual described in sub-
paragraph (A) and whose claim of a violation
under this Act arises out of the application; and
(C) any individual who was formerly an
employee described in subparagraph (A) and
whose claim of a violation under this Act arises
out of the employment.
(8) EMPLOYEE OF THE HOUSE OF REPRESENTA-
TIVES.—The term ‘‘employee or the House of Rep-
resentatives’’ means—
(A) an individual occupying a position the
pay for which is disbursed by the Clerk of the
House of Representatives, or another official des-
ignated by the House of Representatives, or any
employment position in a legislative service or-
ganization or other entity that is paid through
funds derived from the clerk-hire allowance of the
House of Representatives, including any such in-
dividual employed by the Capitol Police, the
Capitol Guide Service, or the Office of the At-