[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 578 Engrossed in House (EH)]

H. Res. 578

                In the House of Representatives, U. S.,

                                                       October 7, 1994.
    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:

                                   ``Rule LII.

                         ``application of certain laws.

    ``1. There is established an Office of Compliance which shall have a Board 
of Directors consisting of 5 individuals 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 ____, One Hundred Third 
Congress, including the issuance of regulations, to implement the requirements 
of the following laws to the House of Representatives:
            ``(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 beginning 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 remedies 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.), effective 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 beginning 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 beginning of the second session of the One 
        Hundred Fourth Congress, 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 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 discrimination 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 appropriated 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 compensation 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 application 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 single term of 5 years.
    ``(b)(1)(A) No individual who engages 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 Secretary of the Senate or the Clerk shall 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 subparagraph (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 single 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,
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 appointing 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 turpitude.
    ``(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 Financial Services or any individual to whom supervision and all 
        other employee-related matters were transferred to the Sergeant at Arms 
        pursuant to direction of the Committee on Appropriations in 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 appoint the employee.
            (3) The term ``Member of the House of Representatives'' means a 
        Representative in, or a Delegate 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 prescribed 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 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 receive travel expenses, 
including per diem in lieu of subsistence, 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 the services of members or personnel of the General Accounting 
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 results to House of 
Representatives not later than 180 days after the date of the first appointment 
of the first executive 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;
            (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 implement the 
requirements of the laws referred to in clause 2(a) of rule LII of the Rules of 
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 proposed 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 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 subsection (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 proposed 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 referred to in clause 2(b) of rule LII of the 
Rules of the House of Representatives shall apply to the House of 
Representatives, the Board of Directors shall recommend to the House of 
Representatives changes in or repeals of 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.
    (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 
Representatives, including portions relating to remedies.
    (4) If a regulation is disapproved by a resolution considered under 
subsection (e), not later than 60 days after the date of the disapproval, the 
Board of Directors shall propose a new regulation to replace the regulation 
disapproved. The action of the Board of Directors under this paragraph shall be 
in accordance with the applicable requirements 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 regulation is issued unless disapproved by the House of 
Representatives by resolution.
    (2) A resolution referred to in paragraph (1) may be introduced in the House 
of Representatives within 5 legislative 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 ____________ (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 resolution was referred shall be 
discharged from further consideration of the first such resolution introduced 
and the resolution 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 
privileged 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 between proponents and opponents and it shall not be subject 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 Directors 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 hearing 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 Representatives on the 
adoption of rules.
    (b) The executive director shall have authority to conduct 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 Members of the House of 
        Representatives and other employing authorities of the House of 
        Representatives respecting the laws made applicable to them and a 
        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 paragraph (1), distribute the 
        telephone number and address of the Office, procedures for action under 
        sections 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 information,
            (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 
        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 demographic data respecting the composition of employees 
        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 thereafter, 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.
            (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 
Representatives may request counseling through the Office. The Office shall 
provide the employee with all relevant information 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 counseling is received.

SEC. 9. STEP II: MEDIATION.

    (a) Not later than 15 days after the end of the counseling period under 
section 8, the employee who alleged a violation of a law made applicable to the 
House of Representatives 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 recommended 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 employee 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 
procedures set forth in sections 8 and 9.
    (b) A board of 3 independent hearing officers (hereinafter in this 
resolution referred to as a ``hearing board''), who are not Members, officers, 
or employees of the House, chosen by the executive director (one of whom shall 
be designated by the executive director as the presiding hearing officer) shall 
be assigned to consider each complaint filed under subsection (a). The executive 
director shall appoint hearing officers from candidates who are recommended 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 Office may, for good cause, extend up to 
        an additional 60 days the time for conducting a hearing.
    (e) Reasonable prehearing discovery may be permitted 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 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) 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 sections 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.
    (4) All process of any court to which application is to 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) 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 hearing 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 evidence 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 decision 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 subsection (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 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 decision 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 Directors 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 before the Board of 
        Directors for the purpose of supplementing the record or for further 
        consideration;
            (B) reverse the decision of the hearing board and enter a new 
        decision and order in accordance with subsection (h); or
            (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 Representatives 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 proceeding 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 issues 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 applicable to the House of Representatives under rule 
LII of the Rules of the House of Representatives.

SEC. 13. CONFIDENTIALITY.

    (a) All counseling shall be strictly confidential except that the Office and 
the employee may agree to notify the head of the employing authority of the 
allegations.
    (b) All mediation shall be strictly confidential.
    (c) Except as provided in subsection (d), the hearings and deliberations of 
the hearing board shall be confidential.
    (d) At the discretion of the executive director, the executive director may 
provide to the Committee on Standards of Official Conduct access to the records 
of the hearings and decisions of the hearing boards, including all written and 
oral testimony in the possession of the hearing boards, concerning a decision 
under section 10(g). The executive director shall not provide such access until 
the executive director has consulted with the individual filing the complaint at 
issue in the hearing, and until the hearing board has issued the decision.
    (e) The executive director shall coordinate the proceedings with the 
Committee on Standards of Official Conduct to ensure effectiveness, to avoid 
duplication, and to prevent penalizing cooperation by respondents in their 
respective proceedings.

SEC. 14. POLITICAL AFFILIATION AND PLACE OF RESIDENCE.

    (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 ``employee'' 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 Representatives elected 
        by the House of Representatives or appointed by a Member of the House of 
        Representatives, 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. 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 Representatives and the rules of the Committee on Standards of Official 
Conduct provide for additional procedures and remedies.

SEC. 16. STUDY.

    (a) The Office shall conduct a study--
            (1) of the ways that access by the public to information 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 section 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;
            (2) information held by the nonlegislative offices of the House of 
        Representatives, including--
                    (A) the Director of Non-legislative and Financial 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 Congressional Mailing Standards;
            (3) financial expenditure information of the House of 
        Representatives; and
            (4) provisions for judicial review of denial of access to 
        information held by the House of Representatives.
    (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 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 beginning 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 Compliance may make regulations to provide for the 
orderly transfer and disposition of such complaints.
    (e) In appointing staff under section 4(b), the executive 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 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 conduct a study to be 
submitted to the Speaker, minority leader, and the chairman 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 civil action in Federal 
district 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 conditions of employment, until the statutory provisions contained 
in H.R. 4822, as passed by the House, are enacted.
            Attest:






                                                                          Clerk.