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103D CONGRESS
2D SESSION
H. R. 4822
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:
(1) CONGRESSIONAL
EMPLOYEE.—The term
‘‘congressional employee’’ means—
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(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
whose claim of a violation arises out of the indi-
vidual’s employment.
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(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;
(B) any applicant for a position that is to
be occupied by an employee or individual de-
scribed in subparagraph (A); or
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(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.
(6) HEAD
OF
AN
EMPLOYING
OFFICE.—The
term ‘‘head of an employing office’’ means the indi-
vidual who has final authority to appoint, hire, dis-
charge, and set the terms, conditions, or privileges
of the Congressional employment of an employee.
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SEC. 3. APPLICATION OF LAWS.
(a) LAWS WHICH WILL APPLY.—The following laws
shall apply, as prescribed by this subsection, to the legisla-
tive branch of the Federal Government:
(1) The Fair Labor Standards Act of 1938 (29
U.S.C. 201 et seq.), effective on the earlier of the ef-
fective date of applicable regulations of the Office of
Compliance under section 5 or 1 year after the date
of the enactment of this Act.
(2) Title VII of the Civil Rights Act of 1964
(42 U.S.C. 2000e et seq.), effective on the earlier of
the effective date of applicable regulations of the Of-
fice of Compliance under section 5 or 1 year after
the date of the enactment of this Act.
(3) The Americans With Disabilities Act of
1990 (42 U.S.C. 12101 et seq.), effective on the ear-
lier of the effective date of applicable regulations of
the Office of Compliance under section 5 or 1 year
after the date of the enactment of this Act.
(4) The Age Discrimination in Employment Act
of 1967 (29 U.S.C. 621 et seq.) (including remedies
available to private employees), effective on the ear-
lier of the effective date of applicable regulations of
the Office of Compliance under section 5 or 1 year
after the date of the enactment of this Act.
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(5) Titles I and V of the Family and Medical
Leave Act of 1993 (29 U.S.C. 2611 et seq.), effec-
tive on the earlier of the effective date of applicable
regulations of the Office of Compliance under sec-
tion 5 or 1 year after the date of the enactment of
this Act.
(6) The Occupational Safety and Health Act of
1970 (other than section 19) (29 U.S.C. 651 et seq.)
(subject to subsection (c)), effective on the earlier of
the effective date of applicable regulations of the Of-
fice of Compliance under section 5 or 2 years after
the date of the enactment of this Act.
(7) Chapter 71 (relating to Federal labor man-
agement relations) of title 5, United States Code, ef-
fective on the earlier of the effective date of applica-
ble regulations of the Office of Compliance under
section 5 or 2 years after the date of the enactment
of this Act.
(8) The Employee Polygraph Protection Act of
1988 (29 U.S.C. 2001 et seq.), effective on the ear-
lier of the effective date of applicable regulations of
the Office of Compliance under section 5 or 1 year
after the date of the enactment of this Act, except
that this Act shall not apply to the United States
Capitol Police.
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(9) The Worker Adjustment and Retraining
Notification Act (29 U.S.C. 2101 et seq.), effective
on the earlier of the effective date of applicable regu-
lations of the Office of Compliance under section 5
or 1 year after the date of the enactment of this
Act.
(10) The Rehabilitation Act of 1973 (29 U.S.C.
791), effective on the earlier of the effective date of
applicable regulations of the Office of Compliance
under section 5 or 1 year after the date of the enact-
ment of this Act.
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 this subsection.
(b) LAWS WHICH MAY BE MADE APPLICABLE.—Any
provision of Federal law shall, to the extent that it relates
to the terms and conditions of employment (including hir-
ing, promotion or demotion, salary and wages, overtime
compensation, 
benefits, 
work 
assignments 
or
reassignments, termination, protection from discrimina-
tion in personnel actions, health and safety of employees,
and family and medical leave) of employees apply to the
legislative branch of the Federal Government in accord-
ance with this Act or, to the extent that it relates to any
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standard benefits package approved as part of the national
health care reform enacted by Congress in the 103d Con-
gress, apply to Members of Congress, as defined in section
2106 of title 5, United States Code, in accordance with
this Act.
(c) COMPLIANCE
WITH
OSHA.—The legislative
branch of the Federal Government shall comply with the
Occupational Safety and Health Act of 1970 as follows:
If a citation of a violation of such Act is received, action
to abate the violation shall take place as soon as possible,
but no later than the fiscal year following the fiscal year
in which the citation is issued.
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
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tives or the Senate but the executive director
may be an individual who held such a position
at least 4 years before appointment as executive
director. The term of office of the executive di-
rector shall be a single term of 5 years.
(c) BOARD OF DIRECTORS QUALIFICATIONS.—
(1) 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
Member of the House of Representatives or
Senator, may hold the position of employee of
the House of Representatives or Senate, or may
have held such a position within 4 years of the
date of appointment.
(2) HOLDING OFFICE.—If during a term of of-
fice a member of the Board of Directors engages in
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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).
(3) 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
(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).
(3) REMOVAL.—Any member of the Board of
Directors may be removed from office by a majority
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decision of the appointing authorities described in
subsection (b)(1) and only for—
(A) disability that substantially prevents
the member 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.
(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-
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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.
(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.—
(1) IN GENERAL.—The Board of Directors shall
conduct a study of the manner in which the laws
made applicable to the legislative branch of the Fed-
eral Government under section 3(a) should apply.
The Board of Directors shall complete such study
and report the results to Congress not later than
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180 days after the date of the first appointment of
the first executive director.
(2) INSTRUMENTALITIES.—The Board of Direc-
tors shall include in its study under paragraph (1)
an examination of the procedures used by the instru-
mentalities to enforce the application of laws appli-
cable to the legislative branch of the Federal Gov-
ernment and a determination as to whether to direct
the instrumentality to make improvements in its reg-
ulations and procedures so as to assure that proce-
dures as effective as the procedures set forth in sec-
tions 7 through 12 will apply. If the instrumentality
has no such regulations and procedures, the Board
may direct the instrumentality to adopt the requisite
regulations and procedures, or, if deemed necessary,
in lieu thereof may itself adopt regulations pursuant
to this section or authorize use of the procedures
pursuant to sections 7 through 12.
(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;
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trative 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,
(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