[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 2194 Introduced in Senate (IS)]

103d CONGRESS
  2d Session
                                S. 2194

  To require the Architect of the Capitol to establish and maintain a 
   comprehensive personnel management system, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                June 15 (legislative day, June 7), 1994

Ms. Mikulski (for herself, Mr. Reid, Ms. Moseley-Braun, Mr. Lieberman, 
 Mr. Grassley, and Mr. Sarbanes) introduced the following bill; which 
  was read twice and referred to the Committee on Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
  To require the Architect of the Capitol to establish and maintain a 
   comprehensive personnel management system, 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 ``Architect of the Capitol Human 
Resources Act''.

SEC. 2. FINDING AND PURPOSE.

    (a) Finding.--The Congress finds that the Office of the Architect 
of the Capitol has not kept pace with human resource management 
practices common among other Federal and private sector organizations.
    (b) Purpose.--It is the purpose of this Act to require the 
Architect of the Capitol to establish and maintain a personnel 
management system that incorporates fundamental principles that exist 
in other modern personnel systems.

SEC. 3. PERSONNEL MANAGEMENT SYSTEM.

    (a) Establishment.--The Architect of the Capitol shall establish 
and maintain a personnel management system.
    (b) Requirements.--The personnel management system shall at a 
minimum include the following:
            (1) A system which ensures that applicants for employment 
        and employees of the Architect of the Capitol are appointed, 
        promoted, and assigned on the basis of merit and fitness after 
        fair and equitable consideration of all applicants and 
        employees through open competition.
            (2) An equal employment opportunity program which includes 
        an affirmative employment program for employees and applicants 
        for employment, and procedures for monitoring progress by the 
        Architect of the Capitol in ensuring a workforce reflective of 
        the diverse labor force.
            (3) A system for the classification of positions which 
        takes into account the difficulty, responsibility, and 
        qualification requirements of the work performed, and which 
        conforms to the principle of equal pay for substantially equal 
        work.
            (4) A program for the training of Architect of the Capitol 
        employees which has among its goals improved employee 
        performance and opportunities for employee advancement.
            (5) A formal performance appraisal system which will permit 
        the accurate evaluation of job performance on the basis of 
        objective criteria for all Architect of the Capitol employees.
            (6) A fair and equitable system to address unacceptable 
        conduct and performance by Architect of the Capitol employees, 
        including a general statement of violations, sanctions, and 
        procedures which shall be made known to all employees, and a 
        formal grievance procedure.
            (7) A program to provide services to deal with mental 
        health, alcohol abuse, drug abuse, and other employee problems, 
        and which ensures employee confidentiality.
            (8) A formal policy statement regarding the use and accrual 
        of sick and annual leave which shall be made known to all 
        employees, and which is consistent with the other requirements 
        of this section.

SEC. 4. IMPLEMENTATION OF PERSONNEL MANAGEMENT SYSTEM.

    (a) Development of Plan.--The Architect of the Capitol shall--
            (1) develop a plan for the establishment and maintenance of 
        a personnel management system designed to achieve the 
        requirements of section 3;
            (2) submit the plan to the Congress not later than 90 days 
        after the date of enactment of this Act; and
            (3) implement the plan not earlier than 30 days and not 
        later than 90 days after the plan is submitted to the Congress, 
        as specified in paragraph (2).
    (b) Evaluation and Reporting.--The Architect of the Capitol shall 
develop a system of oversight and evaluation to ensure that the 
personnel management system of the Architect of the Capitol achieves 
the requirements of section 3 and complies with all other relevant 
laws, rules and regulations. The Architect of the Capitol shall report 
to the Congress on an annual basis the results of its evaluation under 
this subsection.
    (c) Application of Laws.--Nothing in this Act shall be construed to 
alter or supersede any other provision of law otherwise applicable to 
the Architect of the Capitol or its employees, unless expressly 
provided in this Act.

SEC. 5. DISCRIMINATION COMPLAINT PROCESSING.

    (a) Definitions.--For purposes of this section:
            (1) The term ``employee of the Architect of the Capitol'' 
        or ``employee'' means--
                    (A) any employee of the Architect of the Capitol;
                    (B) any applicant for a position that is to be 
                occupied by an individual described in subparagraph 
                (A); or
                    (C) any individual who was formerly an employee 
                described in subparagraph (A) and whose claim of a 
                violation arises out of the individual's employment 
                with the Architect of the Capitol.
            (2) The term ``violation'' means a practice that violates 
        subsection (b) of this section.
    (b) Discriminatory Practices Prohibited.--
            (1) In general.--All personnel actions affecting employees 
        of the Architect of the Capitol shall be made free from any 
        discrimination based on--
                    (A) race, color, religion, sex, or national origin, 
                within the meaning of section 717 of the Civil Rights 
                Act of 1964 (42 U.S.C. 2000e-16);
                    (B) age, within the meaning of section 15 of the 
                Age Discrimination in Employment Act of 1967 (29 U.S.C. 
                633a); or
                    (C) handicap or disability, within the meaning of 
                section 501 of the Rehabilitation Act of 1973 (29 
                U.S.C. 791) and sections 102 through 104 of the 
                Americans with Disabilities Act of 1990 (42 U.S.C. 
                12112-14).
            (2) Intimidation prohibited.--Any intimidation of, or 
        reprisal against, any employee by the Architect of the Capitol, 
        or by any employee of the Architect of the Capitol, because of 
        the exercise of a right under this section constitutes an 
        unlawful employment practice, which may be remedied in the same 
        manner as are other violations described in paragraph (1).
    (c) Procedure for Consideration of Alleged Violations.--
            (1) General accounting office personnel appeals board.--(A) 
        Any employee of the Architect of the Capitol alleging a 
        violation of subsection (b) may file a charge with the General 
        Accounting Office Personnel Appeals Board in accordance with 
        the General Accounting Office Personnel Act of 1980 (31 U.S.C. 
        751-55) and regulations of the Board. Such a charge may be 
        filed only after the employee has filed a complaint with the 
        Architect of the Capitol in accordance with requirements 
        prescribed by the Architect of the Capitol and has exhausted 
        all remedies pursuant to such requirements.
            (B) The Architect of the Capitol shall carry out any action 
        within its authority that the Board orders under section 4 of 
        the General Accounting Office Personnel Act of 1980 (31 U.S.C. 
        753).
            (C) The Architect of the Capitol shall reimburse the 
        General Accounting Office for costs incurred by the Board in 
        considering charges filed under this section.
            (2) General accounting office personnel appeals board or 
        office of senate fair employment practices.--An employee of the 
        Architect of the Capitol who is assigned to the Senate 
        Restaurants or to the Superintendent of the Senate Office 
        Buildings alleging a violation of subsection (b) may file a 
        charge pursuant to paragraph (1), or may elect to follow the 
        procedures outlined in the Government Employee Rights Act of 
        1991 (2 U.S.C. 1201 et seq.).
    (d) Amendments to the General Accounting Office Personnel Act of 
1980.--
            (1) Section 751(a)(1) of title 31, United States Code, is 
        amended by inserting ``or Architect of the Capitol'' after 
        ``Office''.
            (2) Section 753(a) of title 31, United States Code, is 
        amended--
                    (A) in paragraph (7) by striking ``and'' at the end 
                of the paragraph;
                    (B) in paragraph (8) by striking the period and 
                inserting ``; and''; and
                    (C) by inserting at the end thereof the following:
            ``(9) an action involving discrimination prohibited under 
        section 4(b) of the Architect of the Capitol Human Resources 
        Act.''.
            (3) Section 755 of title 31, United States Code, is 
        amended--
                    (A) in subsection (a) by striking the ``or (7)'' 
                and inserting ``, (7), or (9)''; and
                    (B) in subsection (b) by striking ``or applicant 
                for employment'' and inserting ``applicant for 
                employment, or employee of the Architect of the 
                Capitol''.

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