Congressional Employees Fairness Act

OF COMPLAINT.

    If, after a formal complaint is filed under section 8, the employee 
and the head of the employing office resolve the issues involved, the 
employee may withdraw the complaint or the parties may enter into a 
written agreement, subject to the approval of the Board of Directors.

SEC. 12. COLLECTION AND PRESERVATION OF DOCUMENTS.

    Beginning on the date a respondent receives a complaint under 
section 8 and ending on the date final action has been taken on the 
complaint, the respondent shall collect and preserve all documents and 
other information relevant to such complaint.

SEC. 13. PROHIBITION OF INTIMIDATION.

    Any intimidation of, or reprisal against, any employee by any 
Member, officer, or employee of the House of Representatives or the 
Senate, or by the Architect of the Capitol, or anyone employed by the 
Architect of the Capitol, as the case may be, because of the exercise 
of a right under this Act or because of appearance as a witness in a 
case 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 Congress under section 2(a) or 4(b).

SEC. 14. 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 subsection (d), the hearings, 
deliberations, and decisions of the hearing board shall be 
confidential.
    (d) Release of Records for Review.--The records and decisions of 
hearing boards may be made public if required for the purpose of review 
under section 9 or 10.

SEC. 15. TECHNICAL AND CONFORMING AMENDMENTS.

    (a) Laws Referred to in Section 2(a).--
            (1) Fair labor standards act of 1938.--
                    (A) Definition.--Section 3(e)(2)(A)(iii) of the 
                Fair Labor Standards Act of 1938 (29 U.S.C. 
                203(e)(2)(A)(iii)) is amended to read as follows:
                            ``(iii) in the Congress or in any unit of 
                        the judicial branch of the Government which has 
                        positions in the competitive service,''.
                    (B) Coverage.--Section 8 of the Fair Labor 
                Standards Amendments of 1989 is repealed.
            (2) Title vii of the civil rights act of 1964.--
                    (A) Civil rights act of 1991.--Section 117 and 
                title III of the Civil Rights Act of 1991 (2 U.S.C. 
                60l, 120l et seq.) are repealed.
                    (B) Equal employment opportunity.--Section 717(a) 
                of the Civil Rights Act of 1964 (42 U.S.C. 2000e-16(a)) 
                is amended by striking out ``in those units of the 
                legislative and judicial branches of the Federal 
                Government having positions in the competitive 
                service'' and inserting in lieu thereof ``in all units 
                of the Congress and in those units of the judicial 
                branch of the Federal Government having positions in 
                the competitive service''.
            (3) Americans with disabilities act of 1990.--Section 509 
        of the Americans with Disabilities Act of 1990 (42 U.S.C. 
        12209) is repealed and section 101 of such Act (42 U.S.C. 
        12111) is amended--
                    (A) in paragraph (5)(B), by striking out ``the 
                United States'' the first time it appears and inserting 
                in lieu thereof ``the United States (except as provided 
                in paragraph (11))'', and
                    (B) by adding at the end the following:
    ``(11) The Congress shall be deemed an employer engaged in an 
industry affecting commerce.''.
            (4) Age discrimination in employment act of 1967.--Section 
        11(b) of the Age Discrimination in Employment Act of 1967 (29 
        U.S.C. 630(b)) is amended (A) by striking out ``and'' before 
        ``(2)'', (B) by inserting before ``but'' the following: ``and 
        (3) the Congress'', and (C) by striking out ``the United 
        States, or'' and inserting in lieu thereof ``the executive and 
        judicial branch of the United States, or''.
            (5) Family and medical leave act of 1993.--Title V of the 
        Family and Medical Leave Act of 1993 (2 U.S.C. 60m, 60n) is 
        repealed.
    (b) Laws Referred to in Section 2(b).--
            (1) Occupational safety and health.--
                    (A) Definition of employer.--Section 3(5) of the 
                Occupational Safety and Health Act of 1970 (29 U.S.C. 
                652(5)) is amended by striking out ``, but does not 
                include the United States or'' and inserting in lieu 
                thereof ``and includes the Congress (to the extent 
                authorized by a regulation of the Office of Compliance 
                established under section 4(c) of the Congressional 
                Accountability Act) but does not include executive or 
                judicial branch of the Federal Government or''.
                    (B) Definition of employee.--Section 3(6) of such 
                Act (29 U.S.C. 652(6)) is amended by inserting before 
                the period a comma and the following: ``and, to the 
                extent authorized by a regulation of the Office of 
                Compliance established under section 4(c) of the 
                Congressional Accountability Act, the employees of the 
                Congress shall be deemed to be employed in a business 
                affecting commerce for the purpose of this Act''.
            (2) Freedom of information.--Section 552(f) of title 5, 
        United States Code, is amended by striking out ``or'' before 
        ``any independent'' and by inserting before the period a comma 
        and the following: ``or the Congress (to the extent authorized 
        by a regulation of the Office of Compliance established under 
        section 4(c) of the Congressional Accountability Act)''.
            (3) Privacy.--Section 552a(a)(1) of title 5, United States 
        Code, is amended by striking out ``552(e)'' and inserting in 
        lieu thereof ``552(f)''.
            (4) Age discrimination.--Section 309(3) of the Age 
        Discrimination Act of 1975 (42 U.S.C. 6107) is amended by 
        inserting after ``means'' the following: ``the Congress (to the 
        extent authorized by a regulation of the Office of Compliance 
        established under section 4(c) of the Congressional 
        Accountability Act) and''.
    (c) Rule of the House of Representatives.--Rule LI of the House of 
Representatives is repealed.

SEC. 16. POLITICAL AFFILIATION AND PLACE OF RESIDENCE.

    (a) In General.--It shall not be a violation of a law made 
applicable to Congress under section 4 to consider the--
            (1) party affiliation,
            (2) domicile, or
            (3) political compatibility with the employing office,
of an employee with respect to employment decisions.
    (b) Definition.--For purposes of subsection (a), the term 
``employee'' means--
            (1) an employee on the staff of the House of 
        Representatives or Senate 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 or Senate;
            (4) an officer or employee of the House of Representatives 
        or Senate elected by the House of Representatives 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 occupied by 
        an individual described in paragraphs (1) through (4).

SEC. 17. REVIEW LIMIT.

    No Congressional employee may commence a judicial proceeding to 
redress practices prohibited under a law made applicable to Congress 
under section 2(a) or 4(b) except as provided in this Act.

                                 

HR 2846 IH----2
HR 2846 IH----3

Summary: Congressional Employees Fairness Act - Makes applicable to the Congress:   (1) the Fair Labor Standards Act of 1938; (2) Title VII of the Civil Rights Act of 1964; (3) specified provisions of the Americans With Disabilities Act of 1990 and the Age Discrimination in Employment Act of 1967; and (4) the Family and Medical Leave Act of 1993. 
Makes applicable to the Congress any provision of Federal law to the extent that it relates to:  (1) the terms and conditions of employment (including hiring, promotion, or demotion, salary and wages, overtime compensation, benefits, work assignments or reassignments, and termination) of employees; (2) protection from discrimination in personnel actions; (3) the health and safety of employees; (4) the availability of information to the public; or (5) other areas deemed appropriate by the Independent Office of Compliance (Office). 
Establishes the Office, in the legislative branch, to study and report to the Congress on the application of such laws. 
Sets forth provisions relating to congressional procedures for approval of the Board of Directors' recommendations relating to the application of future Federal laws to the Congress. 
Directs the Office to carry out an education program for Members of Congress and other employing authorities of the Congress respecting the laws applicable to them and a program to inform individuals of their rights under laws applicable to the Congress and under this Act. 
Requires the procedure for consideration of alleged violations of such laws to consist of the following steps:  (1) counseling; (2) mediation; (3) formal complaint and hearing by a hearing board; and (4) judicial review of a hearing board's decision. 
Authorizes a congressional employee or any Member of Congress to petition the Personnel Appeals Board of the General Accounting Office to review a final decision if it is unconstitutional. 
Declares that any intimidation of, or reprisal against, any employee because of the exercise of a right under this Act constitutes an unlawful employment practice that may be remedied in the same manner under this Act as is a violation of a law made applicable to the Congress. 
Requires the records and decisions of hearing boards to be made public if required for judicial review. 
Limits a congressional employee to the judicial proceeding provided by this Act to redress prohibited practices.