I
103D CONGRESS
2D SESSION
H. R. 4892
To make certain laws applicable to the legislative branch of the Federal
Government.
IN THE HOUSE OF REPRESENTATIVES
AUGUST 3, 1994
Mr. MOAKLEY introduced the following bill; which was referred jointly to the
Committees on House Administration, Education and Labor, Government
Operations, Rules, and the Judiciary
A BILL
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 section 5.
(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.—The Chairperson
of the Board of Directors shall—
(A) appoint,
(B) establish the compensation of, and
(C) terminate,
an executive director (referred to in this Act as the
‘‘executive director’’), subject to the approval of the
Board of Directors. The compensation of the execu-
tive director may not exceed the annual rate of basic
pay prescribed for level V of the Executive Schedule
under section 5316 of title 5, United States Code.
(c) BOARD OF DIRECTORS QUALIFICATIONS.—
(1) IN GENERAL.—The members of the Board
of Directors shall be individuals with training or ex-
pertise in—
(A) the application of the laws referred to
in section 3 to employment, and
(B) employment in the Congress.
(2) 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, Sen-
ator, or employee of the House of Representa-
tives or the Senate.
(3) HOLDING OFFICE.—If during a term of of-
fice a member of the Board of Directors engages in
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).
(4) 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).
(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-
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
180 days after the date of the first appointment of
all the members of the Board of Directors.
(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;
(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; and
(3) may propose regulations with respect to
such application 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
that specify the manner in which the laws made
applicable to the legislative branch of the Fed-
eral Government under section 3(a) shall apply.
The Board of Directors shall provide a period
of at least 30 days for comment on the pro-
posed 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 the manner in which a law referred
to in section 3(a) 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 accom-
modate the application of such law to the legis-
lative 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
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.
(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
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.
Within 5 days of session after the concurrent resolu-
tion is reported or discharged, it shall be in order as
a matter of highest privilege to move to proceed to
its consideration and such motion shall not be debat-
able. The concurrent resolution shall be debatable
for not to exceed 4 hours equally divided between
proponents and opponents and it shall not be subject
to amendment. If, prior to the adoption of a concur-
rent resolution by one House, that House receives a
concurrent resolution of the other House with re-
spect 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 reso-
lution is received by a House in which no identical
concurrent resolution 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 consideration of the concurrent resolu-
tion 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—
(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.
SEC. 6. OTHER FUNCTIONS.
(a) RULES OF THE OFFICE.—The executive director
shall adopt rules governing the procedures of the Office,
including the procedures of hearing boards, which shall be
submitted for publication in the Congressional Record.
The rules may be amended in the same manner. The exec-
utive director may consult with the Chairman of the Ad-
ministrative 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
Government, distribute such information to the resi-
dences of congressional employees, and conduct sem-
inars and other activities designed to educate em-
ployers and employees in such information,
(3) compile and publish statistics on the use of
the Office by congressional employees, 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 12 and the result of such
proceedings, and on the number of employees who
filed a complaint under section 10, the basis for the
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 of the House of Representatives and the Sec-
retary of the Senate, develop a system for the collec-
tion of demographic data respecting the composition
of the congressional employees, including race, sex,
and wages, and a system for the collection of infor-
mation on employment practices, including family
leave and flexible work hours, in Congressional
offices.
(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. 17. OTHER REVIEW PROHIBITED.
No congressional employee may commence a judicial
proceeding to redress practices prohibited under section
5, except as provided in this Act.
SEC. 18. STUDY.
(a) STUDY.—The Office shall conduct a study—
(1) of the ways that access by the public to in-
formation held by the Congress may be improved,
streamlined, and made consistent between the House
of Representatives and the Senate and of the appli-
cation of section 552 of title 5, United States Code
to the legislative branch of the Federal Government;
and