IV
103D CONGRESS
2D SESSION
H. RES. 578
Amending the Rules of the House of Representatives to apply certain laws
to the House of Representatives, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
OCTOBER 7, 1994
Mr. MOAKLEY submitted the following resolution; which was referred to the
Committee on Rules
OCTOBER 7, 1994
Considered and agreed to pursuant to H. Res. 579
RESOLUTION
Amending the Rules of the House of Representatives to
apply certain laws to the House of Representatives, and
for other purposes.
Resolved,
SECTION 1. APPLICATION OF CERTAIN LAWS TO THE
HOUSE OF REPRESENTATIVES.
The Rules of the House of Representatives are
amended by adding at the end the following new rule:
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‘‘RULE LII.
‘‘APPLICATION OF CERTAIN LAWS.
‘‘1. There is established an Office of Compliance
which shall have a Board of Directors consisting of 5 indi-
viduals appointed jointly by the Speaker and the minority
leader. Appointments of the first 5 members of the Board
of Directors shall be completed not later than 120 days
after the beginning of the One Hundred Fourth Congress.
‘‘2. (a) The Office of Compliance shall carry out the
duties and functions set forth in sections 2 through 16
of House Resolution ll, One Hundred Third Congress,
including the issuance of regulations, to implement the re-
quirements of the following laws to the House of Rep-
resentatives:
‘‘(1) The Fair Labor Standards Act of 1938
(29 U.S.C. 201 et seq.), effective at the beginning
of the second session of the One Hundred Fourth
Congress.
‘‘(2) Title VII of the Civil Rights Act of 1964
(42 U.S.C. 2000e et seq.), effective at the beginning
of the second session of the One Hundred Fourth
Congress.
‘‘(3) The Americans With Disabilities Act of
1990 (42 U.S.C. 12101 et seq.), effective at the be-
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ginning of the second session of the One Hundred
Fourth Congress.
‘‘(4) The Age Discrimination in Employment
Act of 1967 (29 U.S.C. 621 et seq.) (including rem-
edies available to private employees), effective at the
beginning of the second session of the One Hundred
Fourth Congress.
‘‘(5) Titles I and V of the Family and Medical
Leave Act of 1993 (29 U.S.C. 2611 et seq.), effec-
tive at the beginning of the second session of the
One Hundred Fourth Congress.
‘‘(6) The Occupational Safety and Health Act
of 1970 (other than section 19) (29 U.S.C. 651 et
seq.) (subject to paragraph (c)), effective at the be-
ginning of the One Hundred Fifth Congress.
‘‘(7) Chapter 71 (relating to Federal labor
management relations) of title 5, United States
Code, effective at the beginning of the One Hundred
Fifth Congress.
‘‘(8) The Employee Polygraph Protection Act of
1988 (29 U.S.C. 2001 et seq.), effective at the be-
ginning of the second session of the One Hundred
Fourth Congress, 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
at the beginning of the second session of the One
Hundred Fourth Congress.
‘‘(10) The Rehabilitation Act of 1973 (29
U.S.C. 791), effective at the beginning of the second
session of the One Hundred Fourth Congress.
‘‘(b) Any provision of Federal law shall, to the extent
that it relates to the terms and conditions of employment
(including hiring, 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
House in accordance with this rule.
‘‘(c) The House 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, subject to the availability of funds ap-
propriated for that purpose after the receipt of the
citation.
‘‘3. (a)(1) The Chairperson of the Board of Directors
of the Office shall appoint, may establish the compensa-
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tion of, and may terminate, subject to the approval of the
Board of Directors, an Executive Director (referred to in
this rule 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 applica-
tion of the laws referred to in clause 2. The appointment
of the first executive director shall be completed no later
than 120 days after the initial appointment of the Board
of Directors.
‘‘(2) 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
director may not be an individual who holds the position
of employee of the House 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 director shall be a sin-
gle term of 5 years.
‘‘(b)(1)(A) No individual who engages in, or is other-
wise employed in, lobbying of the Congress and who is re-
quired under the Federal Regulation of Lobbying Act to
register with the Secretary of the Senate or the Clerk shall
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be considered eligible for appointment to, or service on,
the Board of Directors.
‘‘(B) No member of the Board of Directors 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 or Senate, or may have held such
a position within 4 years of the date of appointment.
‘‘(2) If during a term of office a member of the Board
of Directors engages in an activity described in subpara-
graph (1)(A), such position shall be declared vacant and
a successor shall be selected in accordance with paragraph
(a)(1).
‘‘(3) A vacancy in the Board of Directors shall be
filled in the manner in which the original appointment was
made.
‘‘(c)(1) Except as provided in subparagraph (2),
membership on the Board of Directors shall be for 5 years.
A member shall only be eligible for appointment for a sin-
gle term of office.
‘‘(2) Of the members first appointed to the Board
of Directors—
‘‘(A) 1 shall have a term of office of 3 years,
‘‘(B) 2 shall have a term of office of 4 years,
and
‘‘(C) 2 shall have a term of office of 5 years,
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as designated at the time of appointment by the persons
specified in paragraph (a)(1).
‘‘(3) Any member of the Board of Directors may be
removed from office by a majority decision of the appoint-
ing authorities described in paragraph (a)(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 turpi-
tude.
‘‘(d) The Chairperson of the Board of Directors shall
be appointed from the members of the Board of Directors
by the members of the Board.’’.
SEC. 2. DEFINITIONS.
As used in sections 2 through 16:
(1) The term ‘‘employee of the House’’ means
any individual (other than a Member) whose pay is
disbursed by the Director of Non-legislative and Fi-
nancial Services or any individual to whom super-
vision and all other employee-related matters were
transferred to the Sergeant at Arms pursuant to di-
rection of the Committee on Appropriations in
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House Report 103–517 of the One Hundred Third
Congress, and such term includes an applicant for
the position of employee and a former employee.
(2) The term ‘‘employing authority’’ means,
with respect to an employee, the Member of the
House of Representatives or elected officer of the
House of Representatives, or the Director of the
Congressional Budget Office, with the power to ap-
point the employee.
(3) The term ‘‘Member of the House of Rep-
resentatives’’ means a Representative in, or a Dele-
gate or Resident Commissioner to, the Congress.
(4) The term ‘‘elected officer of the House of
Representatives’’ means an elected officer of the
House of Representatives (other than the Speaker
and the Chaplain).
(5) The term ‘‘Office’’ refers to the Office of
Compliance established by rule LII of the Rules of
the House of Representatives.
SEC. 3. APPLICATION OF LAWS.
(a) The laws set forth in clause 2 of rule LII of the
Rules of the House of Representatives shall apply, as pre-
scribed by that rule, to the House of Representatives.
(b) The laws referred to in rule LI of the Rules of
the House of Representatives which apply on December
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31, 1994, to House employees shall continue to apply to
such employees until the effective date such laws are made
applicable in accordance with this resolution.
SEC. 4. ADMINISTRATIVE MATTERS RELATING TO THE
OFFICE OF COMPLIANCE.
(a)(1) 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) Each member of the Board of Directors shall re-
ceive travel expenses, including per diem in lieu of subsist-
ence, at rates authorized 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.
(b) The executive director may appoint and fix the
compensation of such staff, including hearing officers, as
are necessary to carry out this resolution.
(c) 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
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the services of members or personnel of the General Ac-
counting Office Personnel Appeals Board.
(d) The executive 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) The Board of Directors shall conduct a study of
the manner in which the laws referred to in clause 2(a)
of rule LII of the Rules of the House of Representatives
should apply to the House of Representatives. The Board
of Directors shall complete such study and report the re-
sults to House of Representatives not later than 180 days
after the date of the first appointment of the first execu-
tive director.
(b) On an ongoing basis the Board of Directors—
(1) shall determine which of the laws referred
to in clause 2(b) of rule LII of the Rules of the
House of Representatives should apply to the House
of Representatives and if it should, the manner in
which it should be made applicable;
(2) shall study the application to the House of
provisions of Federal law referred to in paragraphs
(a) and (b) of clause 2 of rule LII of the Rules of
the House of Representatives that are enacted after
the date of adoption of this resolution;
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(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)(1)(A) Not later than 180 days after the date of
the completion of the study under subsection (a), the
Board of Directors shall, in accordance with section 553
of title 5, United States Code, propose regulations to im-
plement the requirements of the laws referred to in clause
2(a) of rule LII of the Rules of the House of Representa-
tives. The Board of Directors shall provide a period of at
least 30 days for comment on the proposed regulations.
(B) In addition to publishing a general notice of pro-
posed rulemaking under section 553(b) of title 5, United
States Code, the Board of Directors shall concurrently
submit such notice for publication in the Congressional
Record.
(C) When proposing regulations under subparagraph
(A) to implement the requirements of a law referred to
in clause 2(a) of rule LII of the Rules of the House of
Representatives, the Board of Directors shall recommend
to the House of Representatives changes in or repeals of
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existing law to accommodate the application of such law
to the House.
(D) 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)(A) Not later than 180 days after the date of the
completion of the study or a determination under sub-
section (b), the Board of Directors shall, in accordance
with section 553 of title 5, United States Code, propose
regulations that specify which of the provisions of Federal
law considered in such study shall apply to the House of
Representatives. The Board of Directors shall provide a
period of at least 30 days for comment on the proposed
regulations.
(B) In addition to publishing a general notice of pro-
posed rulemaking under section 553(b) of title 5, United
States Code, the Board of Directors shall concurrently
submit such notice for publication in the Congressional
Record.
(C) When proposing regulations under subparagraph
(A) specifying which of the provisions of Federal law re-
ferred to in clause 2(b) of rule LII of the Rules of the
House of Representatives shall apply to the House of Rep-
resentatives, the Board of Directors shall recommend to
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the House of Representatives changes in or repeals of ex-
isting law to accommodate the application of such law to
the House.
(D) 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.
(3) Regulations under paragraphs (1) and (2) shall
be consistent with the regulations issued by an agency of
the executive branch of the Federal Government under the
provision of law made applicable to the House of Rep-
resentatives, including portions relating to remedies.
(4) If a regulation is disapproved by a resolution con-
sidered 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 regulation dis-
approved. The action of the Board of Directors under this
paragraph shall be in accordance with the applicable re-
quirements of this subsection.
(d) A final regulation issued under subsection (c)
shall be transmitted to the House of Representatives for
consideration under paragraph (e).
(e)(1) 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 regula-
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tion is issued unless disapproved by the House of Rep-
resentatives by resolution.
(2) A resolution referred to in paragraph (1) may be
introduced in the House of Representatives within 5 legis-
lative days after the date on which the Board of Directors
issues the final regulation to which the resolution applies.
The matter after the resolving clause of the resolution
shall be as follows: ‘‘That the House of Representatives
disapproves the issuance of final regulations of the Office
of Compliance as issued on llllll (the blank
space being appropriately filled in).’’.
(3) A resolution referred to in paragraph (1) shall
be referred to the appropriate committee. If no resolution
is reported within 15 legislative days after the Board of
Directors issues final regulations under subsection
(c)(1)(D) or (c)(2)(D), the committee to which the resolu-
tion was referred shall be discharged from further consid-
eration of the first such resolution introduced and the res-
olution shall be placed on the appropriate calendar. Any
meeting of a committee on a resolution shall be open to
the public. Within 5 legislative days after the resolution
is reported or discharged, it shall be in order as a privi-
leged matter to move to proceed to its consideration and
such motion shall not be debatable. The resolution shall
be debatable for not to exceed 4 hours equally divided be-
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tween proponents and opponents and it shall not be sub-
ject to amendment.
(f) 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 meeting of the Board of Direc-
tors in connection with a regulation under subsection (c)
shall be open to the public.
SEC. 6. OTHER FUNCTIONS.
(a) The executive director shall adopt rules governing
the procedures of the Office, subject to the approval of
the Board of Directors, including the procedures of hear-
ing boards, which shall be submitted 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 Administrative Conference of the United
States and the General Counsel of the House of Rep-
resentatives on the adoption of rules.
(b) The executive director shall have authority to con-
duct such investigations as the executive director requires
to implement sections 7 through 10.
(c) The Office shall—
(1) carry out a program of education for Mem-
bers of the House of Representatives and other em-
ploying authorities of the House of Representatives
respecting the laws made applicable to them and a
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program to inform individuals of their rights under
laws applicable to the House of Representatives and
under sections 7 through 10,
(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 10, and any other information the
executive director deems appropriate for distribution,
distribute such information to Members and other
employing authorities of the House in a manner
suitable for posting, provide such information to new
employees of the House, distribute such information
to the residences of employees of the House, and
conduct seminars and other activities designed to
educate employers and employees in such informa-
tion,
(3) compile and publish statistics on the use of
the Office by employees of the House, including the
number and type of contacts made with the Office,
on the reason for such contacts, on the number of
employees who initiated proceedings with the Office
under sections 7 through 10 and the result of such
proceedings, and on the number of employees who
filed a complaint under section 10, the basis for the
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complaint, and the action taken on the complaint,
and
(4) within 180 days of the initial appointment
of the executive director and in conjunction with the
Clerk, develop a system for the collection of demo-
graphic data respecting the composition of employ-
ees of the House, including race, sex, and wages,
and a system for the collection of information on
employment practices, including family leave and
flexible work hours, in House offices.
(d) Within one year of the date the system referred
to in subsection (c)(4) is developed and annually there-
after, the Board of Directors shall submit to the House
of Representatives a report on the information collected
under such system. Each report after the first report shall
contain a comparison 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 House of Representatives
under this rule consists of 3 steps as follows:
(1) Step I, counseling, as set forth in section 8.
(2) Step II, mediation, as set forth in section
9.
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(3) Step III, formal complaint and hearing by
a hearing board, as set forth in section 10.
SEC. 8. STEP I: COUNSELING.
(a) An employee of the House alleging a violation of
a law made applicable to the House of Representatives
under rule LII of the Rules of the House of Representa-
tives may request counseling through the Office. The Of-
fice shall provide the employee with all relevant informa-
tion with respect to the rights of the employee. A request
for counseling shall be made not later than 180 days after
the alleged violation forming the basis of the request for
counseling occurred.
(b) The period for counseling 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 counsel-
ing is received.
SEC. 9. STEP II: MEDIATION.
(a) Not later than 15 days after the end of the coun-
seling period under section 8, the employee who alleged
a violation of a law made applicable to the House of Rep-
resentatives under rule LII of the Rules of the House of
Representatives may file a request for mediation with the
Office. Mediation—
(1) may include the Office, the employee, the
employing authority, and individuals who are rec-
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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 authority.
(b) 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 authority when the mediation
period has ended.
SEC. 10. STEP III: FORMAL COMPLAINT AND HEARING.
(a) Not later than 30 days after receipt by the em-
ployee of the House of notice from the Office of the end
of the mediation period under section 9, the employee of
the House may file a formal complaint with the Office
against the head of the employing authority involved. 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 8 and 9.
(b) A board of 3 independent hearing officers (herein-
after in this resolution referred to as a ‘‘hearing board’’),
who are not Members, officers, or employees of the House,
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chosen by the executive director (one of whom shall be
designated by the executive director as the presiding hear-
ing officer) shall be assigned to consider each complaint
filed under subsection (a). The executive director shall ap-
point hearing officers from candidates who are rec-
ommended by the Federal Mediation and Conciliation
Service or the Administrative Conference of the United
States. A hearing board shall act by majority vote.
(c) Prior to a hearing under subsection (d), a hearing
board may dismiss any claim that it finds to be frivolous.
(d) 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.
(e) Reasonable prehearing discovery may be per-
mitted at the discretion of the hearing board.
(f)(1) A hearing board may authorize subpoenas,
which shall be issued by the presiding hearing officer on
behalf of the hearing board under the seal of the House
of Representatives for the attendance of witnesses at pro-
ceedings of the hearing board and for the production of
correspondence, books, papers, documents, and other
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records. The attendance of witnesses and the production
of evidence may be required from any place within the
United States.
(2) If a person refuses to obey a subpoena issued
under paragraph (1), the hearing board may report the
refusal to the Committee on Rules which may take any
action it deems appropriate, which shall be authorized by
the chairman and ranking minority member acting jointly.
Such action may include—
(A) a referral to the Committee on Standards
of Official Conduct if the refusal is by a current
Member of the House of Representatives or officer
or employee of the House of Representatives, or
(B) a report to the House of Representatives of
a resolution to certify a contempt pursuant to sec-
tions 102 and 104 of the Joint Resolution of June
22, 1938 (2 U.S.C. 192, 194) if the failure is by
someone other than a current Member of the House
of Representatives or officer or employee of the
House of Representatives.
(3) 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 Procedure for the United States district courts.
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(4) All process of any court to which application is
to be made under paragraph (2) may be served in the judi-
cial district in which the person required to be served re-
sides or may be found.
(5) The hearing board is an agency of the United
States for the purpose of part V of title 18, United States
Code (relating to immunity of witnesses).
(g) As expeditiously as possible, but in no case more
than 45 days after the conclusion of the hearing, the hear-
ing board shall make a decision in the matter for which
the hearing was held. The decision of the hearing board
shall be transmitted by the Office to the employee of the
House and the employing authority. The decision shall
state the issues raised by the complaint, describe the evi-
dence in the record, and contain a determination as to
whether a violation of a law made applicable to the House
of Representatives under this rule has occurred. Any deci-
sion of the hearing board shall 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) If the decision of the hearing board under sub-
section (g) is that a violation of a law made applicable
to the House of Representatives under rule LII of the
Rules of the House of Representatives, it shall order the
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remedies under such law as made applicable to the House
of Representatives under that rule, except that no Member
of the House of Representatives or any other head of an
employing authority, or agent of such a Member shall be
personally liable for the payment of compensation. The
hearing board shall have no authority to award punitive
damages.
(i)(1) A House employee or an employing authority
may request the Board of Directors to review a decision
of the hearing board under subsection (g) (including a de-
cision after a remand under paragraph (2)(A)). Such a
request shall be made within 30 days of the date of the
decision of the hearing board. Review by the Board of Di-
rectors shall be based on the record of the hearing board.
(2) The Board of Directors shall issue a decision not
later than 60 days after the date of the request under
paragraph (1). The decision of the Board of Directors
may—
(A) remand to the hearing board the matter be-
fore the Board of Directors for the purpose of
supplementing the record or for further consider-
ation;
(B) reverse the decision of the hearing board
and enter a new decision and order in accordance
with subsection (h); or
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(C) direct that the decision and order of the
hearing board be considered as the final decision.
(j) There shall be established in the House of Rep-
resentatives a fund from which compensation (including
attorney’s fees) may be paid in accordance with an order
under subsection (h) or (i). From the outset of any pro-
ceeding in which compensation may be paid from a fund
of the House of Representatives, the General Counsel of
the House of Representatives may provide the respondent
with representation.
SEC. 11. RESOLUTION OF COMPLAINT.
If, after a formal complaint is filed under section 10,
the employee and the employing authority resolve the is-
sues involved, the employee may withdraw the complaint
or the parties may enter into a written agreement, subject
to the approval of the executive director.
SEC. 12. PROHIBITION OF INTIMIDATION.
Any intimidation of, or reprisal against, any employee
of the House by any Member, officer, or employee of the
House of Representatives because of the exercise of a right
under this resolution constitutes an unlawful employment
practice, which may be remedied in the same manner
under this resolution as is a violation of a law made appli-
cable to the House of Representatives under rule LII of
the Rules of the House of Representatives.
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SEC. 14. POLITICAL AFFILIATION AND PLACE OF RESI-
DENCE.
(a) It shall not be a violation of a law made applicable
to the House of Representatives under rule LII of the
Rules of the House of Representatives to consider the—
(1) party affiliation,
(2) domicile, or
(3) political compatibility with the employing
authority,
of an employee of the House with respect to employment
decisions.
(b) For purposes of subsection (a), the term ‘‘em-
ployee’’ means—
(1) an employee on the staff of the House of
Representatives 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,
(4) an officer or employee of the House of Rep-
resentatives elected by the House of Representatives
or appointed by a Member of the House of Rep-
resentatives, other than those described in para-
graphs (1) through (3), or
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(5) an applicant for a position that is to be oc-
cupied by an individual described in paragraphs (1)
through (4).
SEC. 15. EXCLUSIVITY OF PROCEDURES AND REMEDIES.
The procedures and remedies under rule LII of the
Rules of the House of Representatives are exclusive except
to the extent that the Rules of the House of Representa-
tives and the rules of the Committee on Standards of Offi-
cial Conduct provide for additional procedures and rem-
edies.
SEC. 16. STUDY.
(a) The Office shall conduct a study—
(1) of the ways that access by the public to in-
formation held by the House of Representatives may
be improved and streamlined, and of the application
of section 552 of title 5, United States Code to the
House of Representatives; and
(2) of the application of the requirement of sec-
tion 552a of title 5, United States Code, to the
House of Representatives.
(b) The study conducted under subsection (a) shall
examine—
(1) information that is currently made available
under such section 552 by Federal agencies and not
by the House of Representatives;
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(2) information held by the nonlegislative of-
fices of the House of Representatives, including—
(A) the Director of Non-legislative and Fi-
nancial Services,
(B) the Clerk,
(C) the Inspector General,
(D) the Sergeant at Arms,
(E) the Doorkeeper,
(F) the United States Capitol Police, and
(G) the House Commission on Congres-
sional Mailing Standards;
(3) financial expenditure information of the
House of Representatives; and
(4) provisions for judicial review of denial of ac-
cess to information held by the House of Represent-
atives.
(c) The Office shall conduct the study prescribed by
subsection (a) and report the results of the study to the
House of Representatives not later than one year after the
date of the initial appointment of the Board of Directors.
SEC. 17. EFFECTIVE DATE AND TRANSITION RULES.
(a) The amendments made by section 1 shall take
effect on November 1, 1994.
(b) Effective at the beginning of the second session
of the One Hundred Fourth Congress, rule LI of the Rules
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of the House of Representatives is repealed and rule LII
of such Rules is redesignated as rule LI and all references
to rule LII in sections 2 through 16 of this resolution are
deemed to be references to rule LI of such Rules.
(c) Notwithstanding subsection (b), until the begin-
ning of the second session of the One Hundred Fourth
Congress, the functions under rule LI of the Rules of the
House of Representatives that are the responsibility of the
Office of Fair Employment Practices shall continue to be
the responsibility of that Office.
(d) Any formal complaint filed under rule LI of the
Rules of the House of Representatives before the close of
the first session of the One Hundred Fourth Congress
which has not been finally disposed of shall be transferred
to the Office of Compliance for completion of all pending
proceedings relating to that complaint. The Office of Com-
pliance may make regulations to provide for the orderly
transfer and disposition of such complaints.
(e) In appointing staff under section 4(b), the execu-
tive director should give full consideration to employees
of the Office of Fair Employment Practices.
(f) Sections 1 through 16 and subsections (a) through
(e) of this section shall have no force or effect upon the
enactment by the One Hundred Third Congress of the
Congressional Accountability Act, whether by enactment
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of the bill H.R. 4822, by incorporation of the text of that
bill in another measure, or otherwise.
SEC. 18. The chairman and ranking minority member
of the Committee on House Administration, acting jointly,
shall study and report recommendations to the Speaker
and minority leader, no later than January 3, 1995, for
changes in House rule LII to be adopted by the House
to reconcile such rule with the existing jurisdiction of the
Committee on House Administration.
SEC. 19. The General Counsel of the House shall con-
duct a study to be submitted to the Speaker, minority
leader, and the chairmen and ranking minority members
of the Committees on House Administration and Rules no
later than January 3, 1995, on further changes in House
rules to provide to employees of the House (as defined in
section 2) the ability to bring a civil action in Federal dis-
trict court against an employing authority (as defined in
section 2) for an alleged violation under Federal law to
the extent that such violation relates to the terms and con-
ditions of employment, until the statutory provisions con-
tained in H.R. 4822, as passed by the House, are enacted.
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