[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2846 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 2846

To clarify the application of certain employment protection laws to the 
                   Congress, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             August 3, 1993

Mrs. Schroeder (for herself, Ms. Snowe, and Ms. Norton) introduced the 
 following bill; which was referred jointly to the Committees on House 
Administration, Rules, Education and Labor, Government Operations, and 
                             the Judiciary

_______________________________________________________________________

                                 A BILL


 
To clarify the application of certain employment protection laws to the 
                   Congress, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Congressional Employees Fairness 
Act''.

SEC. 2. APPLICATION OF FEDERAL LAWS.

    (a) Laws Which Will Apply.--Within 90 days after the date final 
regulations take effect under section 4(a)(2), the following laws shall 
apply to the Congress:
            (1) The Fair Labor Standards Act of 1938 (29 U.S.C. 201 et 
        seq.).
            (2) Title VII of the Civil Rights Act of 1964 (42 U.S.C. 
        2000e et seq.).
            (3) Sections 102 through 104 of the Americans With 
        Disabilities Act of 1990 (42 U.S.C. 12112-12114).
            (4) Section 15 of the Age Discrimination in Employment Act 
        of 1967 (29 U.S.C. 633a).
            (5) The Family and Medical Leave Act of 1993 (29 U.S.C. 
        2611 et seq.).
    (b) Laws Which May Be Made Applicable.--Any provision of Federal 
law shall, 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,
apply to the House of Representatives and the Senate (hereinafter in 
this Act referred to jointly as the ``Congress'') in accordance with 
approval of a recommendation made under section 4(b).

SEC. 3. OFFICE OF COMPLIANCE.

    (a) Establishment.--There is established in the legislative branch 
for the Congress an Independent Office of Compliance (hereinafter in 
this Act referred to as the ``Office'').
    (b) Composition.--
            (1) In general.--The Office shall be composed of a Board of 
        Directors and staff. The Board of Directors shall consist of 15 
        individuals appointed jointly by the Speaker of the House of 
        Representatives, the Majority Leader of the Senate, and the 
        Minority Leaders of the House of Representatives and the Senate 
        after consultation with individuals who represent the interests 
        of congressional employees. Appointments to the Board of 
        Directors shall be completed not later than 120 days after the 
        date of the enactment of this Act.
            (2) Qualifications.--
                    (A) Members with general authority.--The members of 
                the Board of Directors who shall have the authority to 
                carry out the functions of the Office under this Act 
                shall be 9 individuals appointed under paragraph (1) 
                from nominations submitted by organizations the 
                membership of which are primarily composed of 
                individuals experienced in adjudicating or arbitrating 
                personnel matters. Individuals nominated by such 
                organizations shall be individuals with training or 
                expertise in--
                            (i) the application of the laws referred to 
                        in section 2 to employment, and
                            (ii) employment in the Congress.
                    (B) Members with limited authority.--The members of 
                the Board of Directors who shall have the authority to 
                issue the regulations, conduct the study, and take the 
                continuing action referred to in subsections (a), (b), 
                and (c) of section 4 shall be 6 individuals appointed 
                under paragraph (1) of which 2 shall be Members of the 
                House of Representatives, 2 shall be Senators, 1 shall 
                be an employee of the House of Representatives, and 1 
                shall be an employee of the Senate.
                    (C) Specific qualifications.--
                            (i) Lobbying.--No individual who engages 
                        in, or is otherwise employed in, lobbying of 
                        the Congress shall be considered eligible for 
                        appointment to, or service on, the Board of 
                        Directors.
                            (ii) Office.--No member appointed under 
                        subparagraph (A) may hold the position of 
                        Member of the House of Representatives, 
                        Senator, or employee of the House of 
                        Representatives or the Senate.
            (3) Political affiliation.--Not more than one Member of the 
        House of Representatives who is a member of the Board of 
        Directors and not more than one Senator who is a member of the 
        Board of Directors may be of the same political party.
            (4) Holding office.--If during a term of office a member of 
        the Board of Directors no longer holds the position qualifying 
        such member or engages in an activity described in paragraph 
        (2)(C)(i), such position shall be declared vacant and a 
        successor shall be selected in accordance with paragraph (2). 
        If the term of office of a member of the Board of Directors 
        expires and such member is a member of a hearing board hearing 
        a complaint under section 8, such member may continue in office 
        until the decision or order of the hearing board becomes final.
            (5) Vacancies.--A vacancy in the Board of Directors shall 
        be filled in the manner in which the original appointment was 
        made.
    (c) Authority.--
            (1) In general.--The 15 members of the Board of Directors 
        appointed under subsection (b)(1) shall have the authority to 
        carry out the functions described in subsections (a) and (b) of 
        section 4.
            (2) Office.--The 9 members of the Board of Directors 
        appointed under subsection (b)(2)(A) shall have the authority 
        to carry out the functions described in sections 4 through 10.
    (d) Term of Office.--
            (1) In general.--Except as provided in paragraph (2), 
        membership on the Board of Directors shall be for 5 years.
            (2) First appointments.--Of the members first appointed to 
        the Board of Directors--
                    (A) 5 shall have a term of office of one year,
                    (B) 5 shall have a term of office of 3 years, and
                    (C) 5 shall have a term of office of 5 years,
        as designated at the time of appointment by the persons 
        specified in subsection (b)(1).
            (3) Reappointment.--A member of the Board of Directors may 
        not be reappointed.
    (e) Removal.--A member of the Board of Directors may only be 
removed for cause, including malfeasance in office, inefficiency, or a 
violation of subsection (b)(2)(C)(i) by a vote of a majority of the 
Board of Directors.
    (f) Chairman.--The Chairman of the Board of Directors shall be 
appointed from the members of the Board of Directors by the members of 
the Board.
    (g) Basic Pay.--Members of the Board of Directors shall serve 
without pay except that members of the Board of Directors who serve as 
hearing officers under section 8 shall receive for each day engaged in 
the performance of the duties of such an officer compensation at a rate 
not to exceed the daily equivalent of the annual rate of basic pay in 
effect for grade GS-15 of the General Schedule under subchapter III of 
chapter 53 of title 5, United States Code.
    (h) Staff.--The Board of Directors may appoint and fix the 
compensation of such staff as are necessary to carry out the Board of 
Director's functions. Appointments to the staff shall be made on the 
basis of experience in labor law and not on political affiliation. 
Current or former employees of the Congress are not eligible for 
appointment to the staff.
    (i)  Detailees.--The Board of Directors may, with the prior consent 
of the Government department or agency concerned, use on a reimbursable 
or nonreimbursable basis the services of any such department or agency, 
including the services of members or personnel of the General 
Accounting Office Personnel Appeals Board.
    (j)  Consultants.--In carrying out the functions of the Office, the 
Board of Directors may procure the temporary (not to exceed 1 year) or 
intermittent services of individual consultants, or organizations 
thereof.

SEC. 4. BOARD FUNCTIONS.

    (a) Regulations for the Application of Laws Applicable to 
Congress.--The Board of Directors shall issue regulations respecting 
the remedies available under sections 5 through 10 of this Act to 
individuals covered under the laws referred to in section 2(a). 
Regulations respecting such laws shall be issued within 120 days of the 
date of the first appointment of members of the Board of Directors.
    (b) Recommendations for Application of Laws.--
            (1) Study.--The Board of Directors shall conduct a study of 
        the application to Congress of the laws referred to in section 
        2(b) and as amended by section 15 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 
        the Board of Directors. Act.
            (2) Recommendations.--
                    (A) In general.--Not later than 120 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, make 
                recommendations to the Congress which specify which of 
                the laws referred to in section 2(b) should apply to 
                Congress. Such recommendations--
                            (i) shall take into account the costs 
                        associated with the application of such laws to 
                        the Congress,
                            (ii) shall be consistent with the provision 
                        of law made applicable to Congress, except as 
                        otherwise specifically provided in sections 5 
                        through 13 of this Act, and
                            (iii) may specify specific dates for the 
                        application of specific laws and may specify 
                        specific means for the application of such 
                        laws.
                    (B) Approval.--When a recommendation made under 
                subparagraph (A) is received by the Congress, it shall 
                be introduced as a joint resolution in the House of 
                Representatives and the Senate. Such a joint resolution 
                shall be a joint resolution which states after the 
                resolving clause that the Congress approves the 
                recommendation and includes an appropriate 
                identification of such recommendation. When such a 
                joint resolution is introduced in the House of 
                Representatives it shall be referred to the appropriate 
                committee and when it is introduced in the Senate it 
                shall be referred to the appropriate committee. 
                Subsections (c), (d), (e), and (f) of section 152 of 
                the Trade Act of 1974 (19 U.S.C. 2912) shall be 
                applicable to such a joint resolution, except that 
                final action on such recommendation shall be completed 
                within 45 days of the date of the submission to 
                Congress of the joint resolution.
            (3) Regulations for actions on recommendations.--The Board 
        of Directors shall issue regulations respecting the remedies 
        available under sections 5 through 10 of this Act to 
        individuals covered under the laws made applicable to the 
        Congress by approval of a recommendation made under paragraph 
        (2). Regulations respecting such laws shall be issued within 60 
        days of the date of the enactment of a law in response to a 
        recommendation made under paragraph (2).
    (c) Continuing Action.--On an ongoing basis the Board of Directors 
shall study the application to the Congress of laws referred to in 
section 2(b) which are enacted after the date of the enactment of this 
Act and may issue recommendations and regulations with respect to such 
laws in accordance with subsection (b).
    (d) Rules of the Office.--The Board of Directors shall adopt rules 
governing the procedures of the Office, including the procedures under 
sections 5 through 8, which shall be submitted for publication in the 
Congressional Record. The rules may be amended in the same manner. The 
Board of Directors may consult with the Chairman of the Administrative 
Conference of the United States on the adoption of such rules.
    (e) Duties.--The Office shall--
            (1) carry out a program of education for Members of 
        Congress and other employing authorities of the Congress 
        respecting the laws made applicable to them and a program to 
        inform individuals of their rights under laws applicable to 
        Congress and under sections 5 through 10,
            (2) in carrying out the program under paragraph (1), 
        distribute the telephone number and address of the Office, 
        procedures for action under sections 5 through 10, and any 
        other information the Board of Directors deems appropriate for 
        distribution, distribute such information to Members of 
        Congress and other employing authorities in a manner suitable 
        for posting, provide such information to new Congressional 
        employees, distribute such information to the residences of 
        Congressional employees, and conduct seminars and other 
        activities designed to educate employers 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 5 through 10 and the result of such 
        proceedings, on the number of employees who filed a complaint 
        under section 8, the basis for the complaint, and the action 
        taken on the complaint, and
            (4) within 180 days of the initial appointment of the 
        members of the Board of Directors and in conjunction with the 
        Clerk of the House of Representatives and the Secretary of the 
        Senate, develop a system for the collection of demographic data 
        respecting the composition of the employees of the Congress, 
        including race, sex, and wages, and a system for the collection 
        of information on employment practices, including family leave 
        and flexible work hours, in Congressional offices.
    (f) Report.--Within one year of the date the system referred to in 
subsection (e)(5) is developed and annually thereafter, the Board of 
Directors shall submit to Congress 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.
    (g) Identification of Discriminatory Practices.--From the 
information collected under subsection (e)(5) the Board of Directors 
shall identify discriminatory wage setting practices in the Congress 
and promptly report to the Congress such identification together with 
recommendations for corrective action.

SEC. 5. PROCEDURE FOR CONSIDERATION OF ALLEGED VIOLATIONS.

    The procedure for consideration of alleged violations of laws made 
applicable to Congress under the regulation promulgated under section 
4(a) consists of 4 steps as follows:
            (1) Step I, counseling, as set forth in section 6.
            (2) Step II, mediation, as set forth in section 7.
            (3) Step III, formal complaint and hearing by a hearing 
        board, as set forth in section 8.
            (4) Step IV, judicial review of a hearing board decision, 
        as set forth in section 9.

SEC. 6. STEP I: COUNSELING.

    (a) In General.--A Congressional employee alleging a violation of a 
law made applicable to Congress under section 2(a) or 4(b) may request 
counseling by the Office. The Office shall provide the employee with 
all relevant information with respect to the rights of the employee, 
including the procedures (including deadlines) for claims under section 
8. 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) Period of Counseling.--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 counseling is received.
    (c) Employees of the Architect of the Capitol and Capitol Police.--
In the case of an employee of the Architect of the Capitol or an 
employee who is a member of the Capitol Police, the Director may refer 
the employee to the Architect of the Capitol or the Capitol Police 
Board for resolution of the employee's complaint through the internal 
grievance procedures of the Architect of the Capitol or the Capitol 
Police Board for a specific period of time, which shall not count 
against the time available for counseling or mediation under this Act.

SEC. 7. STEP II: MEDIATION.

    (a) In General.--Not later than 15 days after the end of the 
counseling period under section 6, the employee who alleged a violation 
of a law made applicable to Congress under section 4 may file a request 
for mediation with the Office. Mediation--
            (1) may include the Office, the employee, the employing 
        office, and individuals who are recommended to the Director by 
        the Federal Mediation and Conciliation Service, 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. For purposes of this section, the 
term ``head of employing office'' means the individual who has final 
authority to appoint, hire, discharge, and set the terms, conditions or 
privileges of the Congressional employment of an employee.

SEC. 8. STEP III: FORMAL COMPLAINT AND HEARING.

    (a) Formal Complaint and Request for Hearing.--Not later than 30 
days after receipt by the Congressional employee of notice from the 
Office of the end of the mediation period under section 7, the 
Congressional employee may file a formal complaint with the Office. No 
complaint may be filed unless the employee has made a timely request 
for counseling and has completed the procedures set forth in sections 6 
and 7.
    (b) Hearing Officers.--A board of 3 hearing officers (hereinafter 
in this Act referred to as a ``hearing board''), who are chosen by lot 
from the Board of Directors (one of whom shall be designated by the 
Board of Directors as the presiding hearing officer) shall be assigned 
to consider each complaint filed under subsection (a). 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,
            (2) no later than 30 days after filing of the complaint 
        under subsection (a), except that the Office may, for good 
        cause, extend up to an additional 60 days the time for 
        conducting a hearing, and
            (3) except as specifically provided in this Act and to the 
        greatest extent practicable, in accordance with the principles 
        and procedures set forth in sections 554 through 557 of title 
        5, United States Code.
    (e) Discovery.--Reasonable prehearing discovery shall be permitted 
at the discretion of the hearing board.
    (f) Subpoena Power.--
            (1) In general.--A hearing board may authorize subpoenas, 
        which shall be issued by the presiding hearing officer on 
        behalf of the hearing board, for the attendance of witnesses at 
        proceedings of the hearing board and for the production of 
        correspondence, 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 person refuses to 
        obey a subpoena issued under paragraph (1), the hearing board 
        may apply to a United States district court for an order 
        requiring that person to appear before the hearing board to 
        give testimony, 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.
            (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 Procedure for the United States district courts.
            (4) Service of process.--All process of any court to which 
        application is be made under paragraph (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 agency of the United 
        States for the purpose of part V of title 18, United States 
        Code (relating to immunity of witnesses).
    (g) Decision.--As expeditiously as possible, but in no case more 
than 45 days after the conclusion of the hearing, the hearing board 
shall issue 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 and the employing office. The decision 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 Congress under section 4 has occurred. Any decision of 
the hearing board shall contain a written statement of the reasons for 
the Board's decision.
    (h) Remedy Order.--If the hearing board determines that a violation 
of a law made applicable to Congress under section 2(a) or 4(b) has 
occurred, it shall order such remedies as would be appropriate under 
the law which has been violated, including attorneys' fees. 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 review under section 9.

SEC. 9. JUDICIAL REVIEW.

    (a) In General.--Any Congressional employee aggrieved by a 
dismissal under section 8(c), a final decision under section 8(g), or 
an order under section 8(h), or any Member of the House of 
Representatives or Senate aggrieved by a final decision under section 
8(g) or who would be subject to an order issued under section 8(h), may 
petition for review by the United States Court of Appeals for the 
Federal Circuit.
    (b) Law Applicable.--Chapter 158 of title 28, United States Code, 
shall apply to a review under subsection (a) except that--
            (1) with respect to section 2344 of title 28, United States 
        Code, service of the petition shall be on the House or Senate 
        Legal Counsel, as the case may be, rather than on the Attorney 
        General,
            (2) the provisions of section 2348 of title 28, United 
        States Code, on the authority of the Attorney General, shall 
        not apply,
            (3) the petition for review shall be filed not later than 
        90 days after the entry in the Office of a final decision under 
        section 8(g) or order under section 8(h),
            (4) the Office shall be an ``agency'' as that term is used 
        in chapter 158 of title 28, United States Code, and
            (5) the Office shall be the respondent in any proceeding 
        under subsection (a).
    (c) Standard of Review.--To the extent necessary to 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 final decision under section 8(h) or order under section 
8(g) if it is determined that the decision or order was--
            (1) arbitrary, capricious, an abuse of discretion, or 
        otherwise not consistent with law;
            (2) not made consistent with required procedures; or
            (3) unsupported by substantial evidence.
In making the foregoing determinations, 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.
    (d) Fees.--In an action brought under subsection (a), the court may 
allow the prevailing party a reasonable attorney's fees (including 
expert witness fees) as part of the costs.

SEC. 10. OTHER REVIEW.

    (a) Personnel Appeals Board.--If the judicial review of a dismissal 
notice, decision, or order under section 8(c), 8(g), or 8(h) under 
section 9 is held to be unconstitutional, the review of such notice, 
decision, or order shall be conducted by the Personnel Appeals Board of 
the General Accounting Office (hereinafter in this section referred to 
as the ``Board'').
    (b) Petition for Review.--Any Congressional employee aggrieved by a 
dismissal under section 8(c), a final decision under section 8(g), or 
an order under section 8(h), or any Member of the House of 
Representatives or Senate aggrieved by a final decision under section 
8(g) or who would be subject to an order issued under section 8(h), may 
petition for review by the Board.
    (c) Standard of Review.--To the extent necessary to decision and 
when presented, the Board shall decide all relevant questions of law 
and interpret constitutional and statutory provisions. The Board shall 
set aside a final decision under section 8(h) or order under section 
8(g) if it is determined that the decision or order was--
            (1) arbitrary, capricious, an abuse of discretion, or 
        otherwise not in accordance with law,
            (2) made without observance of procedure required by law, 
        or
            (3) unsupported by substantial evidence.
In making the foregoing determinations, the Board 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.
    (d) Attorney's Fees.--If an employee is the prevailing party in a 
proceeding under this section, attorney's fees may be allowed by the 
Board 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. 11. RESOLUTION 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.

                                 <all>

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