[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1 Engrossed in House (EH)]

  1st Session
                                 H. R. 1

_______________________________________________________________________

                                 AN ACT


 
   To make certain laws applicable to the legislative branch of the 
                          Federal Government.

    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 Accountability Act of 
1995''.

SEC. 2. DEFINITIONS.

    As used in this Act:
            (1) Congressional employee.--The term ``congressional 
        employee'' means--
                    (A) an individual on the payroll of an employing 
                office of the House of Representatives;
                    (B) an individual on the payroll of an employing 
                office of the Senate;
                    (C) an individual on the payroll of an employing 
                office of the Architect of the Capitol; and
                    (D) an individual on the payroll of an employing 
                office of an instrumentality.
            (2) Employee in the house of representatives.--The term 
        ``individual on the payroll of an employing office in the House 
        of Representatives'' means--
                    (A) an individual who is covered under rule LI of 
                the House of Representatives, as in effect on the day 
                before the date of enactment of this Act;
                    (B) any applicant for a position that is to be 
                occupied by an individual described in 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.
            (3) Employee in the senate.--The term ``individual on the 
        payroll of an employing office in the Senate'' means--
                    (A) any employee whose pay is disbursed by the 
                Secretary of the Senate;
                    (B) any applicant for a position that is to be 
                occupied by an individual described in 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.
            (4) Employee of the architect of the capitol.--The term 
        ``individual on the payroll of an employing office of the 
        Architect of the Capitol'' means--
                    (A) an employee of the Architect of the Capitol or 
                an individual within the administrative jurisdiction of 
                the Architect of the Capitol if such employee or 
                individual is paid from funds under a law providing 
                appropriations for the legislative branch;
                    (B) any applicant for a position that is to be 
                occupied by an employee or individual described in 
                subparagraph (A); or
                    (C) any individual who was formerly an employee or 
                individual described in subparagraph (A) and whose 
                claim of a violation arises out of the individual's 
                employment.
            (5) Employee of an instrumentality.--The term ``individual 
        on the payroll of an employing office of an instrumentality'' 
        means--
                    (A) any individual on the payroll of an 
                instrumentality of the legislative branch of the 
                Federal Government;
                    (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 
                instrumentality employment.
            (6) Head of an employing office.--The term ``head of an 
        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. 3. APPLICATION OF LAWS.

    (a) Laws Which Will Apply.--The following laws shall apply, as 
prescribed by this subsection, to the legislative branch of the Federal 
Government:
            (1) The Fair Labor Standards Act of 1938 (29 U.S.C. 201 et 
        seq.), effective on the earlier of the effective date of 
        applicable regulations of the Office of Compliance under 
        section 5 or 1 year after the date of the enactment of this 
        Act.
            (2) Title VII of the Civil Rights Act of 1964 (42 U.S.C. 
        2000e et seq.), effective on the earlier of the effective date 
        of applicable regulations of the Office of Compliance under 
        section 5 or 1 year after the date of the enactment of this 
        Act.
            (3) The Americans With Disabilities Act of 1990 (42 U.S.C. 
        12101 et seq.), effective on the earlier of the effective date 
        of applicable regulations of the Office of Compliance under 
        section 5 or 1 year after the date of the enactment of this 
        Act.
            (4) The Age Discrimination in Employment Act of 1967 (29 
        U.S.C. 621 et seq.) (including remedies available to private 
        employees), effective on the earlier of the effective date of 
        applicable regulations of the Office of Compliance under 
        section 5 or 1 year after the date of the enactment of this 
        Act.
            (5) Titles I and V of the Family and Medical Leave Act of 
        1993 (29 U.S.C. 2611 et seq.), effective on the earlier of the 
        effective date of applicable regulations of the Office of 
        Compliance under section 5 or 1 year after the date of the 
        enactment of this Act.
            (6) The Occupational Safety and Health Act of 1970 (other 
        than section 19) (29 U.S.C. 651 et seq.) (subject to subsection 
        (c)), effective on the earlier of the effective date of 
        applicable regulations of the Office of Compliance under 
        section 5 or 2 years after the date of the enactment of this 
        Act.
            (7) Chapter 71 (relating to Federal labor management 
        relations) of title 5, United States Code, effective on the 
        earlier of the effective date of applicable regulations of the 
        Office of Compliance under section 5 or 2 years after the date 
        of the enactment of this Act.
            (8) The Employee Polygraph Protection Act of 1988 (29 
        U.S.C. 2001 et seq.), effective on the earlier of the effective 
        date of applicable regulations of the Office of Compliance 
        under section 5 or 1 year after the date of the enactment of 
        this Act, except that this Act shall not apply to the United 
        States Capitol Police.
            (9) The Worker Adjustment and Retraining Notification Act 
        (29 U.S.C. 2101 et seq.), effective on the earlier of the 
        effective date of applicable regulations of the Office of 
        Compliance under section 5 or 1 year after the date of the 
        enactment of this Act.
            (10) The Rehabilitation Act of 1973 (29 U.S.C. 791), 
        effective on the earlier of the effective date of applicable 
        regulations of the Office of Compliance under section 5 or 1 
        year after the date of the enactment of this Act.
The laws referred to in this subsection which apply now to 
congressional employees shall continue to apply to such employees until 
the effective date such laws are made applicable in accordance with 
this subsection.
    (b) Laws Which May Be Made Applicable.--Any provision of Federal 
law shall, to the extent that it relates to the terms and conditions of 
employment (including 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 legislative branch of the Federal Government in 
accordance with this Act.
    (c) Compliance With OSHA.--The legislative branch of the Federal 
Government shall comply with the Occupational Safety and Health Act of 
1970 as follows: If a citation of a violation of such Act is received, 
action to abate the violation shall take place as soon as possible, but 
no later than the fiscal year following the fiscal year in which the 
citation is issued.

SEC. 4. OFFICE OF COMPLIANCE.

    (a) Establishment.--There is established in the legislative branch 
an Office of Compliance (hereinafter in this Act referred to as the 
``Office'').
    (b) Composition.--
            (1) Board of directors.--The Office shall have a Board of 
        Directors. The Board of Directors shall consist of 8 
        individuals appointed jointly by the Speaker of the House of 
        Representatives, the Majority Leader of the Senate, and the 
        Minority Leaders of the House of Representatives and the 
        Senate. Appointments of the first 8 members of the Board of 
        Directors shall be completed not later than 120 days after the 
        date of the enactment of this Act.
            (2) Executive director.--
                    (A) In general.--The Chairperson of the Board of 
                Directors 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 Act 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 section 3 to employment. The appointment of the 
                first executive director shall be completed no later 
                than 120 days after the initial appointment of the 
                Board of Directors.
                    (B) Office.--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 of 
                Representatives 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.
    (c) Board of Directors Qualifications.--
            (1) Specific qualifications.--
                    (A) Lobbying.--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 Clerk of the House of 
                Representatives or the Secretary of the Senate shall be 
                considered eligible for appointment to, or service on, 
                the Board of Directors.
                    (B) Office.--No member of the Board of Directors 
                appointed under subsection (b)(1) may hold or may have 
                held the position of Member of the House of 
                Representatives or Senator, may hold the position of 
                employee of the House of Representatives or Senate, or 
                may have held such a position within 4 years of the 
                date of appointment.
            (2) Holding office.--If during a term of office a member of 
        the Board of Directors engages in an activity described in 
        paragraph (2)(A), such position shall be declared vacant and a 
        successor shall be selected in accordance with subsection 
        (b)(1).
            (3) Vacancies.--A vacancy in the Board of Directors shall 
        be filled in the manner in which the original appointment was 
        made.
    (d) Board of Directors Term of Office.--
            (1) In general.--Except as provided in paragraph (2), 
        membership on the Board of Directors shall be for 5 years. A 
        member shall only be eligible for appointment for a single term 
        of office.
            (2) First appointments.--Of the members first appointed to 
        the Board of Directors--
                    (A) 2 shall have a term of office of 2 years,
                    (B) 2 shall have a term of office of 3 years,
                    (C) 2 shall have a term of office of 4 years, and
                    (D) 2 shall have a term of office of 5 years,
        as designated at the time of appointment by the persons 
        specified in subsection (b)(1).
            (3) Removal.--Any member of the Board of Directors may be 
        removed from office by a majority decision of the appointing 
        authorities described in subsection (b)(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.
    (e) Chairperson.--The Chairperson of the Board of Directors shall 
be appointed from the members of the Board of Directors by the members 
of the Board.
    (f) Compensation of Members.--
            (1) Per diem.--Each member of the Board of Directors shall 
        be compensated at a rate equal to the daily equivalent of the 
        annual rate of basic pay prescribed for level V of the 
        Executive Schedule under section 5316 of title 5, United States 
        Code, for each day (including travel time) during which such 
        member is engaged in the performance of the duties of the 
        Board.
            (2)  Travel expenses.--Each member of the Board of 
        Directors shall receive travel expenses, 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.
    (g) Office Staff.--The executive director may appoint and fix the 
compensation of such staff, including hearing officers, as are 
necessary to carry out this Act.
    (h)  Detailees.--The executive director may, with the prior consent 
of the Government department or agency concerned, use the services of 
any such department or agency, including the services of members or 
personnel of the General Accounting Office Personnel Appeals Board.
    (i)  Consultants.--In carrying out this Act, the 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) Initial Action.--
            (1) In general.--The Board of Directors shall conduct a 
        study of the manner in which the laws made applicable to the 
        legislative branch of the Federal Government under section 3(a) 
        should apply. The Board of Directors shall complete such study 
        and report the results to Congress not later than 180 days 
        after the date of the first appointment of the first executive 
        director.
            (2) Instrumentalities.--The Board of Directors shall 
        include in its study under paragraph (1) an examination of the 
        procedures used by the instrumentalities to enforce the 
        application of laws applicable to the legislative branch of the 
        Federal Government and a determination as to whether to direct 
        the instrumentality to make improvements in its regulations and 
        procedures so as to assure that procedures as effective as the 
        procedures set forth in sections 7 through 12 will apply. If 
        the instrumentality has no such regulations and procedures, the 
        Board may direct the instrumentality to adopt the requisite 
        regulations and procedures, or, if deemed necessary, in lieu 
        thereof may itself adopt regulations pursuant to this section 
        or authorize use of the procedures pursuant to sections 7 
        through 12.
    (b) Continuing Action.--On an ongoing basis the Board of 
Directors--
            (1) shall determine which of the laws referred to in 
        section 3(b) should apply to the legislative branch of the 
        Federal Government and if it should, the manner in which it 
        should be made applicable;
            (2) shall study the application to the legislative branch 
        of the Federal Government of provisions of Federal law referred 
        to in section 3 that are enacted after the date of the 
        enactment of this Act;
            (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) Regulations.--
            (1) Laws made applicable.--
                    (A) General rule.--Not later than 180 days after 
                the date of the completion of the study under 
                subsection (a), the Board of Directors shall, in 
                accordance with section 553 of title 5, United States 
                Code, propose regulations to implement the requirements 
                of the laws made applicable to the legislative branch 
                of the Federal Government under section 3(a). The Board 
                of Directors shall provide a period of at least 30 days 
                for comment on the proposed regulations.
                    (B) Congressional notice.--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) Amendments and repeals.--When proposing 
                regulations under subparagraph (A) to implement the 
                requirements of a law referred to in section 3(a), the 
                Board of Directors shall recommend to the Congress 
                changes in or repeals of existing law to accommodate 
                the application of such law to the legislative branch 
                of the Federal Government.
                    (D) Final regulations.--The Board of Directors 
                shall, in accordance with such section 553, issue final 
                regulations not later than 60 days after the end of the 
                comment period on the proposed regulations.
            (2) Continuing action.--
                    (A) General rule.--Not later than 180 days after 
                the date of the completion of the study or a 
                determination under subsection (b), the Board of 
                Directors shall, in accordance with section 553 of 
                title 5, United States Code, propose regulations that 
                specify which of the provisions of Federal law 
                considered in such study shall apply to the legislative 
                branch of the Federal Government. The Board of 
                Directors shall provide a period of at least 30 days 
                for comment on the proposed regulations.
                    (B) Congressional notice.--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) Amendments and repeals.--When proposing 
                regulations under subparagraph (A) specifying which of 
                the provisions of Federal law referred to in section 
                3(b) shall apply to the legislative branch of the 
                Federal Government, the Board of Directors shall 
                recommend to the Congress changes in or repeals of 
                existing law to accommodate the application of such law 
                to the legislative branch of the Federal Government.
                    (D) Final regulations.--The Board of Directors 
                shall, in accordance with such section 553, issue final 
                regulations not later than 60 days after the end of the 
                comment period on the proposed regulations.
            (3) Regulation requirements.--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 legislative 
        branch of the Federal Government, including portions relating 
        to remedies.
            (4) Action if disapproved.--If a regulation is disapproved 
        by a concurrent 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) Transmittal.--A final regulation issued under subsection (c) 
shall be transmitted to the Congress for consideration under subsection 
(e).
    (e) Taking Effect of Regulations.--
            (1) General rule.--Subject to subsection (f), a final 
        regulation which is issued under subsection (c) shall take 
        effect upon the expiration of 60 days from the date the final 
        regulation is issued unless disapproved by the Congress by 
        concurrent resolution.
            (2) Concurrent resolution.--A concurrent resolution 
        referred to in paragraph (1) may be introduced in the House of 
        Representatives or the Senate within 5 days of session after 
        the date on which the Board of Directors issues the final 
        regulation to which the concurrent resolution applies. The 
        matter after the resolving clause of the resolution shall be as 
        follows: ``That Congress disapproves the issuance of final 
        regulations of the Office of Compliance as issued on 
        ____________ (the blank space being appropriately filled 
        in).''.
            (3) Procedure.--A concurrent resolution referred to in 
        paragraph (1) shall be referred to the appropriate committee of 
        the House involved. If no concurrent resolution is reported 
        within 15 days of session after the Board of Directors issues 
        final regulations under subsection (c)(1)(D) or (c)(2)(D), the 
        committee to which the concurrent resolution was referred shall 
        be discharged from further consideration of the first such 
        concurrent resolution introduced and the concurrent resolution 
        shall be placed on the appropriate calendar of the House 
        involved. Any meeting of a committee on a concurrent resolution 
        shall be open to the public. Within 5 days of session after the 
        concurrent resolution is reported or discharged, it shall be in 
        order as a matter of highest privilege to move to proceed to 
        its consideration and such motion shall not be debatable. The 
        concurrent resolution shall be debatable for not to exceed 4 
        hours equally divided between proponents and opponents and it 
        shall not be subject to amendment. If, prior to the adoption of 
        a concurrent resolution by one House, that House receives a 
        concurrent resolution of the other House with respect to the 
        same regulations, then the procedure in that House shall be the 
        same as if no concurrent resolution had been received from the 
        other House, but vote on final adoption shall be on the 
        concurrent resolution of the other House. If a concurrent 
        resolution is received by a House in which no identical 
        concurrent resolution has been introduced, it shall be referred 
        to the appropriate committee and the same procedures and 20-day 
        period for action shall apply to the consideration of the 
        concurrent resolution by that House as would apply to an 
        introduced concurrent resolution.
    (f) Rulemaking Power.--The provisions of subsection (e) of this 
section are enacted by the Congress--
            (1) as an exercise of the rulemaking power of the House of 
        Representatives and the Senate, respectively, and as such they 
        shall be considered as part of the rules of each House, 
        respectively, or of that House to which they specifically 
        apply, and such rules shall supersede other rules only to the 
        extent that they are inconsistent therewith; and
            (2) with full recognition of the constitutional right of 
        either House to change such rules (so far as relating to such 
        House) at any time, in the same manner, and to the same extent 
        as in the case of any other rule of such House.
    (g) Open to the Public.--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) Rules of the Office.--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, the Legal Counsel of the Senate, and the General Counsel 
of the House of Representatives on the adoption of rules.
    (b) Investigative Authority.--The executive director shall have 
authority to conduct such investigations as the executive director 
requires to implement sections 8 through 10 and section 12.
    (c) Duties.--The Office shall--
            (1) carry out a program of education for Members of 
        Congress and other employing authorities of the legislative 
        branch of the Federal Government respecting the laws made 
        applicable to them and a program to inform individuals of their 
        rights under laws applicable to the legislative branch of the 
        Federal Government and under sections 7 through 12,
            (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 12, and any 
        other information the executive director deems appropriate for 
        distribution, distribute such information to Members of 
        Congress and other employing authorities of the legislative 
        branch of the Federal Government in a manner suitable for 
        posting, provide such information to new employees of the 
        legislative branch of the Federal Government, 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 7 through 12 and the result of such 
        proceedings, and on the number of employees who filed a 
        complaint under section 10, the basis for the complaint, and 
        the action taken on the complaint, and
            (4) within 180 days of the initial appointment of the 
        executive director and in conjunction with the Clerk of the 
        House of Representatives and the Secretary of the Senate, 
        develop a system for the collection of demographic data 
        respecting the composition of the congressional employees, 
        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.
    (d) Report.--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 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.

SEC. 7. PROCEDURE FOR CONSIDERATION OF ALLEGED VIOLATIONS.

    The procedure for consideration of alleged violations of laws made 
applicable to the legislative branch of the Federal Government under 
this Act consists of 4 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.
            (4) Step IV, judicial review if a congressional employee is 
        aggrieved by a dismissal of a claim under section 10(c), a 
        final decision under section 10(g), or an order under section 
        10(h) or if a head of an employing office is aggrieved by a 
        final decision under section 10(g) or would be subject to an 
        order issued under section 10(h).
            (5) Step V, as an alternative to steps III and IV, a civil 
        action in a district court of the United States in accordance 
        with section 12.
A congressional employee may elect the procedure described in paragraph 
(3) or (5) but not both procedures.

SEC. 8. STEP I: COUNSELING.

    (a) In General.--A congressional employee alleging a violation of a 
law made applicable to the legislative branch of the Federal Government 
under this Act 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) 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.

SEC. 9. STEP II: MEDIATION.

    (a) In General.--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 legislative branch of the Federal 
Government under this Act 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 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 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.

SEC. 10. 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 9, the 
congressional employee may file a formal complaint with the Office 
against the head of the employing office 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) Hearing Board.--A board of 3 independent hearing officers 
(hereinafter in this Act referred to as a ``hearing board''), who are 
not Members of the House of Representatives, Senators, or officers or 
employees of the House of Representatives or Senate, 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) 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; 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) Discovery.--Reasonable prehearing discovery may 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 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) 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) Hearing Board Decision.--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 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 the legislative branch of the Federal Government 
under this Act 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) Remedy Order.--If the decision of the hearing board under 
subsection (g) is that a violation of a law made applicable to the 
legislative branch of the Federal Government under this Act has 
occurred, it shall order the remedies under such law as made applicable 
to the legislative branch of the Federal Government under this Act, 
except that no Member of the House of Representatives, Senator, any 
other head of an employing office, or any agent of such a Member, 
Senator, or employing office, shall be personally liable for the 
payment of compensation. 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 judicial review under 
section 11.
    (i) Funds.--There shall be established in the House of 
Representatives and in the Senate a fund from which compensation 
(including attorney's fees) may be paid in accordance with an order 
under subsection (h) or as a result of judicial review under section 11 
or a civil action under section 12. 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. JUDICIAL REVIEW.

    (a) In General.--
            (1) Types of review.--Following any hearing under section 
        10 on a complaint relating to a provision of law described in 
        section 3, any congressional employee aggrieved by a dismissal 
        of a claim under section 10(c), a final decision under section 
        10(g), a final order under section 10(h), or any head of an 
        employing office aggrieved by a final decision under section 
        10(g) or a final order under section 10(h), may petition for 
        review by the United States Court of Appeals for the Federal 
        Circuit in accordance with paragraph (2).
            (2) Provisions applicable to review.--The following 
        provisions apply to a review under paragraph (1):
                    (A) Law applicable.--Chapter 158 of title 28, 
                United States Code, shall apply--
                            (i) with respect to section 2344 of title 
                        28, United States Code, service of the petition 
                        shall be on the House or Senate Legal Counsel, 
                        or the appropriate entity of an 
                        instrumentality, as the case may be, rather 
                        than on the Attorney General;
                            (ii) the provisions of section 2348 of 
                        title 28, United States Code, on the authority 
                        of the Attorney General, shall not apply;
                            (iii) the petition for review shall be 
                        filed not later than 90 days after the entry in 
                        the Office of a final decision under section 
                        10(g), an order under section 10(h); and
                            (iv) the Office shall be an ``agency'' as 
                        that term is used in chapter 158 of title 28, 
                        United States Code.
                    (B) Standard of review.--To the extent necessary 
                for 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 dismissal under section 10(c), a 
                final decision under section 10(g), or an order under 
                section 10(h) if it is determined that the dismissal, 
                decision, or order was--
                            (i) arbitrary, capricious, an abuse of 
                        discretion, or otherwise not consistent with 
                        law;
                            (ii) not made consistent with required 
                        procedures; or
                            (iii) unsupported by substantial evidence.
                    (C) Record.--In making determinations under 
                subparagraph (B), 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.
    (b) Attorney's Fees.--If a congressional employee is the prevailing 
party in a proceeding under this section, attorney's fees for the 
judicial proceeding may be allowed by the court 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. 12. CIVIL ACTION.

    (a) In General.--
            (1) Civil action.--A congressional employee may, within 30 
        days after receipt of notice from the Office of the end of the 
        mediation period under section 9 for a violation of a law made 
        applicable to the legislative branch of the Federal Government, 
        bring a civil action in a district court of the United States 
        seeking relief from the alleged violation of law if such a 
        civil action may be brought by an employee under such law. In 
        any such civil action, any party may demand a jury trial.
            (2) Exhaustion requirement.--No civil action may be filed 
        under paragraph (1) unless the employee has made a timely 
        request for counseling and has completed the procedures set 
        forth in sections 8 and 9.
            (3) Court order.--If a court determines that a violation of 
        law occurred, the court may only enter an order described in 
        section 10(h).
    (b) Attorney's Fees.--If a congressional employee is the prevailing 
party in a proceeding under this section, attorney's fees may be 
allowed by the court in accordance with any standards prescribed under 
Federal law for the award of such fees in the event of a violation of 
such provision.

SEC. 13. RESOLUTION OF COMPLAINT.

    If, after a formal complaint is filed under section 10, 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 
executive director.

SEC. 14. PROHIBITION OF INTIMIDATION.

    Any intimidation of, or reprisal against, any employee by any 
Member of the House of Representatives, Senator, or officer or employee 
of the House of Representatives or Senate, by the Architect of the 
Capitol or anyone employed by the Architect of the Capitol, or by an 
instrumentality of the legislative branch of the Federal Government 
because of the exercise of a right 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 the 
legislative branch of the Federal Government under this Act.

SEC. 15. 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 subsections (d) and (e), the 
hearings and deliberations of the hearing board shall be confidential.
    (d) Release of Records for Judicial Action.--The records of hearing 
boards may be made public if required for the purpose of judicial 
action under section 9.
    (e) Access by Committees of Congress.--At the discretion of the 
executive director, the executive director may provide to the Committee 
on Standards of Official Conduct of the House of Representatives and 
the Select Committee on Ethics of the Senate access to the records of 
the hearings, 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.
    (f) Coordination.--The executive director shall coordinate the 
proceedings with the Committee on Standards and Official Conduct of the 
House of Representatives and the Select Committee on Ethics of the 
Senate to ensure effectiveness, to avoid duplication, and to prevent 
penalizing cooperation by respondents in the respective proceedings.

SEC. 16. POLITICAL AFFILIATION AND PLACE OF RESIDENCE.

    (a) In General.--It shall not be a violation of a law made 
applicable to the legislative branch of the Federal Government under 
this Act to consider the--
            (1) party affiliation,
            (2) domicile, or
            (3) political compatibility with the employing office,
of a congressional 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. ENFORCEMENT; OTHER REVIEW PROHIBITED.

    (a) Enforcement.--This Act shall not be construed to authorize 
enforcement by the executive branch of any of the laws made applicable 
to congressional employees under this Act.
    (b) Review.--No congressional employee may commence a judicial 
proceeding to redress practices prohibited under section 5, except as 
provided in this Act.

SEC. 18. STUDY.

    (a) Study.--The Office shall conduct a study--
            (1) of the ways that access by the public to information 
        held by the Congress may be improved, streamlined, and made 
        consistent between the House of Representatives and the Senate 
        and of the application of section 552 of title 5, United States 
        Code to the legislative branch of the Federal Government; and
            (2) of the application of the requirement of section 552a 
        of title 5, United States Code, to the legislative branch of 
        the Federal Government.
    (b) Study Content.--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 legislative 
        branch of the Federal Government;
            (2) information held by the non-legislative offices of the 
        legislative branch of the Federal Government, including--
                    (A) the instrumentalities,
                    (B) the Architect of the Capitol,
                    (C) the Chief Administrative Officer of the House 
                of Representatives,
                    (D) the Clerk of the House of Representatives,
                    (E) the Secretary of the Senate,
                    (F) the Inspector General of the House of 
                Representatives,
                    (G) the Sergeant at Arms of the House of 
                Representatives and the Sergeant at Arms of the Senate,
                    (H) the United States Capitol Police, and
                    (I) the House Commission on Congressional Mailing 
                Standards;
            (3) financial expenditure information of the legislative 
        branch of the Federal Government; and
            (4) provisions for judicial review of denial of access to 
        information held by the legislative branch of the Federal 
        Government.
    (c) Time.--The Office shall conduct the study prescribed by 
subsection (a) and report the results of the study to the Congress not 
later than one year after the date of the initial appointment of the 
Board of Directors.

            Passed the House of Representatives January 5 (legislative 
      day, January 4), 1995.

            Attest:

                                                                 Clerk.
104th CONGRESS

  1st Session

                                H. R. 1

_______________________________________________________________________

                                 AN ACT

   To make certain laws applicable to the legislative branch of the 
                          Federal Government.