[Congressional Record Volume 155, Number 172 (Thursday, November 19, 2009)]
[House]
[Page H13321]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




              TERMS OF SERVICE IN THE OFFICE OF COMPLIANCE

  Mrs. DAVIS of California. Mr. Speaker, I ask unanimous consent to 
discharge the Committee on House Administration from further 
consideration of the bill (S. 1860) to permit each current member of 
the Board of Directors of the Office of Compliance to serve for 3 
terms, and ask for its immediate consideration in the House.
  The Clerk read the title of the bill.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from California?
  There was no objection.
  The text of the bill is as follows:

                                S. 1860

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

     SECTION 1. ADDITIONAL TERM FOR MEMBERS OF BOARD OF DIRECTORS 
                   OF OFFICE OF COMPLIANCE.

       Notwithstanding the second sentence of section 301(e)(1) of 
     the Congressional Accountability Act of 1995 (2 U.S.C. 
     1381(e)(1)), any individual serving as a member of the Board 
     of Directors of the Office of Compliance as of September 30, 
     2009, may serve for 3 terms.

  Mrs. DAVIS of California. Mr. Speaker, the statute we are amending 
limits the terms of the current Board of Directors of the Office of 
Compliance to two consecutive five year terms. The Board consists of 
five legal practitioners from around the country, each of whom is an 
expert in labor and employment matters. They were originally appointed 
in 1999 and 2000, and reappointed to second terms in 2004 and 2005. The 
terms of three Board members expired last month, and the terms of the 
remaining two Board members will expire this coming May. The 
Congressional Accountability Act does not allow for holdovers, so the 
current Board has already lost its quorum.
  The Government Accountability Office (GAO) found in 2004 that term 
limits for Board members caused a loss of leadership, and negatively 
impacted the Office's continuity of operations. To avoid that negative 
impact, the Committee proposes to amend the law to allow the current 
Board to serve for an additional term.
  This particular Board has demonstrated extraordinary productivity and 
balance in its handling of multiple cases, and its issuance of a number 
of substantive regulations. The current Board operates collegially, and 
appreciates the operating environment in which they perform their 
responsibilities. Over the last decade, the Board has met its statutory 
mandate without cause for concern from the Congress. The Board has been 
a neutral body, committed to advancing safety, health, and workplace 
rights, while working with the Congress to promulgate regulations that 
reflect the unique nature of the Legislative Branch.
  The Congress amended the Congressional Accountability Act five years 
ago to allow for a second term. The GAO's 2004 report on the operations 
of the Board noted that, in comparable administrative regulatory 
agencies, such as the Equal Employment Opportunity Commission, the 
Federal Labor Relations Board, and the National Labor Relations Board, 
there were no limitations on board members serving consecutive terms.
  The Board members have provided an excellent balance, and unnecessary 
change to the composition of this Board creates a risk of loss of such 
balance. The Committee therefore recommends that the term limits for 
the current Board members be extended by an additional five year term. 
By enacting S. 1860, we will accomplish this purpose.
  The bill was ordered to be read a third time, was read the third 
time, and passed, and a motion to reconsider was laid on the table.

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