IIA
103D CONGRESS
2D SESSION
H. R. 4822
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
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—
(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.
(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
(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.
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.
(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.
(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
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
Directors shall be completed not later than 120 days
after the date of the enactment of this Act.
(2) EXECUTIVE DIRECTOR.—
(A) IN GENERAL.—The Chairperson of the
Board of Directors shall appoint, may establish
the compensation of, and may terminate, sub-
ject to the approval of the Board of Directors,
an Executive Director (referred to in this Act
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 ap-
plication of the laws referred to in section 3 to
employment. The appointment of the first exec-
utive director shall be completed no later than
120 days after the initial appointment of the
Board of Directors.
(B) OFFICE.—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 direc-
tor may not be an individual who holds the po-
sition of employee of the House of Representa-
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
(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)
to implement the requirements of a law referred
to in section 3(a), the Board of Directors shall
recommend to the Congress changes in or re-
peals of existing law to accommodate the appli-
cation of such law to the legislative 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
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
553, issue final regulations not later than 60