    [Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 104th Congress]
    [104th Congress]
    [House Document 103-342]
    [Rules of the House of Representatives]
    [Pages 836-852]
    [From the U.S. Government Publishing Office, www.gpo.gov]

                                    Rule LII.

                          APPLICATION OF CERTAIN LAWS.

    Sec. 946b. Office of Compliance.

      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.

    [[Page 837]]
    through 16 of House Resolution 578, One Hundred Third Congress,
    including the issuance of regulations, to implement the requirements of
    the following laws to the House of Representatives:
      2. (a) The Office of Compliance shall carry out the duties and
    functions set forth in sections 2

              (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.

    [[Page 838]]

              (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.

    [[Page 839]]
    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.
      (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

      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.

    [[Page 840]]
    tion 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)(1)(A) No individual who engages in, or is otherwise employed in,
    lobbying of the Congress and who is required under the Federal Regula

                      (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,

    [[Page 841]]

            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.

      The duties and functions of the Office of Compliance, as set forth in
    sections 2 through 16 of House Resolution 578 of the 103d Congress (Oct.
    7, 1994, p. ----), as incorporated by reference in clause 2(a) of rule
    LII, are as follows:

                              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.

    [[Page 842]]

              (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.

    [[Page 843]]
    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.
      (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

      (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,

    [[Page 844]]
                    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

    [[Page 845]]
            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

    [[Page 846]]
            composition of employ

            ees 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.

    [[Page 847]]

      (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

    [[Page 848]]
                    of the House of Rep

                    resentatives 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--

    [[Page 849]]

                      (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.

    [[Page 850]]

      (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--

    [[Page 851]]

                      (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.

      Section 17 of House Resolution 578 of the 103d Congress (Oct. 7, 1994,
    p. ----) made rule LII effective November 1, 1994, provided for rule LII
    to supplant rule LI with the convening of the second session of the
    104th Congress, and provided certain transitional provisions as follows:

                  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.

    [[Page 852]]
    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.
      (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

      The Congressional Accountability Act of 1995 was signed into law on
    January 23, 1995 (P.L. 104-1; 109 Stat. 3 et seq.).