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(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;
(3) may propose regulations with respect to
such application in accordance with subsection (c);
and
(4) may review the regulations in effect under
subsection (e)(1) and make such amendments as
may be appropriate in accordance with subsection
(c).
(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), the Board of Direc-
tors shall, in accordance with section 553 of
title 5, United States Code, propose regulations
to implement the requirements of the laws
made applicable to the legislative branch of the
Federal Government under section 3(a). The
Board of Directors shall provide a period of at
least 30 days for comment on the proposed reg-
ulations.
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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)
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-
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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
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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.
(4) ACTION IF DISAPPROVAL.—If a regulation
is disapproved by a concurrent resolution considered
under subsection (e), not later than 60 days after
the date of the disapproval, the Board of Directors
shall propose a new regulation to replace the regula-
tion disapproved. The action of the Board of Direc-
tors under this paragraph shall be in accordance
with the applicable requirements of this subsection.
(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
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disapproved by the Congress by concurrent resolu-
tion.
(2) CONCURRENT RESOLUTION.—A concurrent
resolution referred to in paragraph (1) may be intro-
duced in the House of Representatives or the Senate
within 5 days of session after the date on which the
Board of Directors issues the final regulation to
which the concurrent resolution applies. The matter
after the resolving clause of the resolution shall be
as follows: ‘‘That Congress disapproves the issuance
of final regulations of the Office of Compliance as is-
sued on llllll (the blank space being ap-
propriately filled in).’’.
(3) PROCEDURE.—A concurrent resolution re-
ferred to in paragraph (1) shall be referred to the
appropriate committee of the House involved. If no
concurrent resolution is reported within 15 days of
session after the Board of Directors issues final reg-
ulations under subsection (c)(1)(D) or (c)(2)(D), the
committee to which the concurrent resolution was
referred shall be discharged from further consider-
ation of the first such concurrent resolution intro-
duced and the concurrent resolution shall be placed
on the appropriate calendar of the House involved.
Any meeting of a committee on a concurrent resolu-
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tion shall be open to the public. Within 5 days of
session after the concurrent resolution is reported or
discharged, it shall be in order as a matter of high-
est privilege to move to proceed to its consideration
and such motion shall not be debatable. The concur-
rent resolution shall be debatable for not to exceed
4 hours equally divided between proponents and op-
ponents and it shall not be subject to amendment.
If, prior to the adoption of a concurrent resolution
by one House, that House receives a concurrent res-
olution of the other House with respect to the same
regulations, then the procedure in that House shall
be the same as if no concurrent resolution had been
received from the other House, but vote on final
adoption shall be on the concurrent resolution of the
other House. If a concurrent resolution is received
by a House in which no identical concurrent resolu-
tion has been introduced, it shall be referred to the
appropriate committee and the same procedures and
20-day period for action shall apply to the consider-
ation of the concurrent resolution by that House as
would apply to an introduced concurrent resolution.
(f) RULEMAKING POWER.—The provisions of sub-
section (e) of this section are enacted by the Congress—
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(1) as an exercise of the rulemaking power of
the House of Representatives and the Senate, re-
spectively, and as such they shall be considered as
part of the rules of each House, respectively, or of
that House to which they specifically apply, and
such rules shall supersede other rules only to the ex-
tent that they are inconsistent therewith; and
(2) with full recognition of the constitutional
right of either House to change such rules (so far
as relating to such House) at any time, in the same
manner, and to the same extent as in the case of
any other rule of such House.
(g) OPEN TO THE PUBLIC.—Any meeting of the
Board of Directors held in connection with a study under
subsection (a) or (b) shall be open to the public. Any meet-
ing of the Board of Directors in connection with a regula-
tion under subsection (c) shall be open to the public.
SEC. 6. OTHER FUNCTIONS.
(a) RULES OF THE OFFICE.—The executive director
shall adopt rules governing the procedures of the Office,
subject to the approval of the Board of Directors, includ-
ing the procedures of hearing boards, which shall be sub-
mitted for publication in the Congressional Record. The
rules may be amended in the same manner. The executive
director may consult with the Chairman of the Adminis-
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(d) REPORT.—Within one year of the date the system
referred to in subsection (c)(4) is developed and annually
thereafter, the Board of Directors shall submit to Con-
gress a report on the information collected under such sys-
tem. Each report after the first report shall contain a com-
parison and evaluation of data contained in the previous
report.
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 this Act 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 of a claim
under section 10(c), a final decision under section
10(g), or an order under section 10(h) or if a head
of an employing office is aggrieved by a final deci-
sion under section 10(g) or would be subject to an
order issued under section 10(h).
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(5) Step V, as an alternative to steps III and
IV, a civil action in a district court of the United
States in accordance with section 12.
A congressional employee may elect the procedure de-
scribed in paragraph (3) or (5) but not both procedures.
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 this Act may re-
quest counseling through the Office. The Office shall pro-
vide 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 this
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Act may file a request for mediation with the Office. Medi-
ation—
(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.
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
the mediation period under section 9, the congressional
employee may file a formal complaint with the Office
against the head of the employing office involved. No com-
plaint may be filed unless the employee has made a timely
•HR 4822 EH1S
request for counseling and has completed the procedures
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 or the Administrative
Conference of the United States. 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; 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.
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(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.
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(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
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 this
Act has occurred. Any decision of the hearing board shall
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contain a written statement of the reasons for the hearing
board’s decision. A final decision of the hearing board
shall be made available to the public by the Office.
(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 this Act, it shall order the remedies
under such law as made applicable to the legislative
branch of the Federal Government under this Act, except
that no Member of the House of Representatives, Senator,
any other head of an employing office, or agent of such
a Member or Senator, shall be personally liable for the
payment of compensation. The hearing board 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 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-
sult of judicial review under section 11 or a civil action
under section 12. 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
•HR 4822 EH1S
Representatives may provide the respondent with rep-
resentation.
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, any congressional
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 head of an
employing office aggrieved by a final decision under
section 10(g) or a final order under section 10(h),
may petition for review by the United States Court
of Appeals for the Federal Circuit in accordance
with paragraph (2).
(2) PROVISIONS APPLICABLE TO REVIEW.—The
following provisions apply to a review under para-
graph (1):
(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
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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);
and
(iv) the Office shall be an ‘‘agency’’ as
that term is used in chapter 158 of title
28, United States Code.
(B) STANDARD OF REVIEW.—To the ex-
tent necessary for 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—
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(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
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.
(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. CIVIL ACTION.
(a) IN GENERAL.—
(1) CIVIL ACTION.—A congressional employee
may within 30 days after receipt of notice from the
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Office of the end of the mediation period under sec-
tion 9 for a violation of a law made applicable to the
legislative branch of the Federal Government bring
a civil action in a district court of the United States
seeking relief from the alleged violation of law if
such a civil action is available under such law. In
any such civil action, any party may demand a jury
trial.
(2) EXHAUSTION REQUIREMENT.—No civil ac-
tion may be filed under paragraph (1) unless the
employee has made a timely request for counseling
and has completed the procedures set forth in sec-
tions 8 and 9.
(3) COURT ORDER.—If a court determines that
a violation of law occurred, the court may only enter
an order described in section 10(h).
(b) ATTORNEY’S FEES.—If a congressional employee
is the prevailing party in a proceeding under this section,
attorney’s fees may be allowed by the court in accordance
with any standards prescribed under Federal law for the
award of such fees in the event of a violation of such provi-
sion.
SEC. 13. RESOLUTION OF COMPLAINT.
If, after a formal complaint is filed under section 10,
the employee and the head of the employing office resolve
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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.
SEC. 14. 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 this Act.
SEC. 15. 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 and deliberations of the hearing
board shall be confidential.
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(d) RELEASE OF RECORDS FOR JUDICIAL ACTION.—
The records of hearing boards may be made public if re-
quired for the purpose of judicial action under section 9.
(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 proceedings with the Committee on Stand-
ards and Official Conduct of the House of Representatives
and the Select Committee on Ethics of the Senate to en-
sure effectiveness, to avoid duplication, and to prevent pe-
nalizing cooperation by respondents in the respective pro-
ceedings.