    [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 828-836]
    [From the U.S. Government Publishing Office, www.gpo.gov]

                                    Rule LI.

                              EMPLOYMENT PRACTICES.

    Sec. 946a. Employment Practices.

      1. The Committee  on House
    Oversight shall have authority to issue rules and regulations applying
    the rights and protections of the Fair Labor Standards Act in the House,
    including, but not limited to, determination of exemption categories,
    permitting the use of compensatory time as compensation under the
    maximum work week provisions of the Act, describing the recordkeeping
    requirements and providing that such recordkeeping provisions do not
    apply with respect to employees exempted pursuant to the Committee's
    Rules and Regulations.
    Nondiscrimination in employment

    [[Page 829]]
    color, national origin, religion, sex (including marital or parental
    status), disability, or age.
      2. (a) Personnel actions affecting employment positions in the House
    of Representatives shall be made free from discrimination based on race,

      (b) Interpretations under paragraph (a) shall reflect the principles
    of current law, as generally applicable to employment.

      (c) Paragraph (a) does not prohibit the taking into consideration of--

              (1) the domicile of an individual with respect to a position
    under the clerk-hire allowance; or

              (2) the political affiliation of an individual with respect to
    a position under the clerk-hire allowance or a position on the staff of
    a committee or a position under all support offices, except as otherwise
    stated in the Rules of the House of Representatives.
    Procedure

      3. The procedure for consideration of alleged violations of clause 2
    consists of three steps as follows:

              (a) step I, Counseling and Mediation, as set forth in clause
    5;

              (b) step II, Formal Complaint, Hearing, and Review by the
    Office of Fair Employment Practices, as set forth in clause 6; and

              (c) step III, Final Review by Review Panel, as set forth in
    clause 7.
    Office of fair employment practices

    [[Page 830]]
    and Hearing Officers of the Office shall be appointed by, and serve at
    the pleasure of, the Chairman and the ranking minority party member of
    the Committee on House Oversight, acting jointly, and shall be under the
    administrative direction of the Clerk of the House of Representatives.
    The Office shall be located in the District of Columbia.
    Step i: counseling and mediation
      4. There is established an Office of Fair Employment Practices
    (hereafter in this rule referred to as the ``Office''), which shall
    carry out functions assigned under this rule. Employees

      5. (a) An individual aggrieved by an alleged violation of clause 2 may
    request counseling by counselors in the Office, who shall provide
    information with respect to rights and related matters under that
    clause. A request for counseling shall be made not later than one
    hundred and eighty days after the alleged violation and may be oral or
    written, at the option of the individual. The period for counseling is
    thirty days, unless the employee and the Office agree to reduce the time
    period. The Office may not notify the employing authority of the
    counseling before the beginning of mediation or the filing of a formal
    complaint, whichever occurs first.

      (b) If, after counseling, the individual desires to proceed, the
    Office shall attempt to resolve the alleged violation through mediation
    between the individual and the employing authority.
    Step ii: formal complaint, hearing, and review by the office of fair

            employment practices

    [[Page 831]]
    a formal complaint with the Office. Not later than ten days after
    filing the formal complaint, the individual may file with the Office a
    written request for a hearing on the complaint.
      6. (a) Not later than thirty days after the end of the counseling
    period, the individual may file

      (b) The hearing shall be conducted--

              (1) not later than forty days after filing of the written
    request under paragraph (a);

              (2) on the record by a Hearing Officer of the Office appointed
    under the procedures set forth in clause 4; and

              (3) to the greatest extent practicable, in accordance with the
    principles and procedures set forth in sections 555 and 556 of title 5,
    United States Code.

      (c) Not later than thirty days after the hearing, the Office shall
    issue a written decision to the parties. The decision shall clearly
    state the issues raised by the complaint, and shall contain a
    determination as to whether a violation of clause 2 has occurred.
    Step iii: final review by review panel

      7. (a) In General. Not later than twenty days after issuance of the
    decision under clause 6, any party may seek formal review of the
    decision by filing a written request with the Office. The formal review
    shall be conducted by a panel constituted at the beginning of each
    Congress and composed of--

    [[Page 832]]

              (1) two elected officers or employees of the House of
    Representatives, appointed by the Speaker;

              (2) two employees of the House of Representatives appointed by
    the minority leader of the House of Representatives;

              (3) two members of the Committee on House Oversight (one of
    whom shall be appointed as chairman of the panel), appointed by the
    Chairman of that Committee; and

              (4) two members of the Committee on House Oversight, appointed
    by the ranking minority party member of that Committee.
    If any member of the panel withdraws from a particular review, the
    appointing authority for such member shall appoint another officer,
    employee, or Member of the House of Representatives, as the case may be,
    to be a temporary member of the panel for purposes of that review only.

    [[Page 833]]

    Resolution by agreement
      (b) The review under this clause shall consist of a hearing (conducted
    in the manner described in clause 6(b)(3)), if such hearing is
    considered necessary by the panel, and an examination of the record,
    together with any statements or other documents the panel deems
    appropriate. A tie vote by the panel is an affirmation of the decision
    of the Office. The panel shall complete the review and submit a written
    decision to the parties and to the Committee on House Oversight not
    later than sixty days after filing of the request under paragraph (a),
    except that when the House has adjourned sine die, in which case an
    extension of up to sixty additional days is authorized.

      8. If, after a formal complaint is filed under clause 6, the parties
    resolve the issues involved, the parties shall enter into a written
    agreement, which shall be effective--

              (1) in the case of a matter under review by the Office under
    clause 6, if approved by the Office; and

              (2) in the case of a matter under review by a panel under
    clause 7, if approved by the panel.
    Remedies

      9. The Office or a review panel, as the case may be, may order one or
    more of the following remedies:

              (a) monetary compensation, to be paid from the clerk-hire
    allowance of a Member, or from personnel funds of a committee of the
    House or other entity, as appropriate;

              (b) monetary compensation, to be paid from the contingent fund
    of the House of Representatives;

              (c) injunctive relief;

              (d) costs and attorney fees; and

              (e) employment, reinstatement to employment, or promotion
    (with or without back pay).
    Costs of attending hearings

    [[Page 834]]
    the location of the hearing. Witnesses required to attend the hearings
    by the Hearing Officer as necessary to a fair and justiciable hearing
    shall be reimbursed for actual and reasonable costs of attending the
    hearing if they reside outside the location of the hearing. Expenses are
    to he paid from the contingent fund of the House of Representatives.
    Prohibition of intimidation
      10. An individual with respect to whom a hearing is held under this
    rule shall be reimbursed for actual and reasonable costs of attending
    the hearing, if the individual resides outside

      11. Any intimidation of, or reprisal against, any person by an
    employing authority because of the exercise of a right under this rule
    is a violation of clause 2.
    Closed hearings and confidentiality

      12. All hearings under this rule shall be closed. All information
    relating to any procedure under this rule is confidential, except that a
    decision of the Office under clause 6 or a decision of a review panel
    under clause 7 shall be published, if the decision constitutes a final
    disposition of the matter.
    Exclusivity of procedures and remedies

      13. The procedures and remedies under this rule are exclusive except
    to the extent that the Rules of the House of Representatives and the
    Rules of the House Committee on Standards of Official Conduct provide
    for additional procedures and remedies.
    Requests for witnesses and information

    [[Page 835]]
    Panel may issue, and the addressees shall comply with, written requests
    for the production of documents and the attendance of witnesses, if such
    requests are necessary and relevant to the proper examination of the
    issues.
    Internal procedures for resolution of possible violations
      14. The Office of Fair Employment Practices and the Fair Employment
    Practices Review

      15. It is the policy of the House of Representatives to encourage each
    employing authority to establish internal procedures for examining and
    resolving possible violations of this rule. To the greatest extent
    practicable, the Office of Fair Employment Practices shall take such
    action (consistent with the rights of the parties) as may be necessary
    to encourage initial use of such procedures.
    Definitions

      16. As used in this rule--

              (a) the term ``employment position'' means, with respect to
    the House of Representatives, a position the pay for which is disbursed
    by the Clerk of the House of Representatives, or other official
    designated by the House of Representatives, and any employment position
    in a legislative service organization or other entity that is paid
    through funds derived from the clerk-hire allowance;

    [[Page 836]]
    Budget Office, with the power to appoint the employee;
              (b) the term ``employing authority'' means, the Member of the
    House of Representatives or elected officer of the House of
    Representatives, or the Director of the Congressional

              (c) the term ``Member of the House of Representatives'' means
    a Representative in, or a Delegate or Resident Commissioner to, the
    Congress; and

              (d) 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).

      This provision grew out of the Fair Employment Practices Resolution
    that was first adopted in the 100th Congress (H. Res. 558, Oct. 3, 1988,
    p. 27840) and renewed in the 101st Congress (H. Res. 15, Jan. 3, 1989,
    p. 85), and through which the provisions of the Americans with
    Disabilities Act of 1990 (P.L. 101-336, July 26, 1990) apply to the
    House. It was incorporated by reference in a standing rule LI in the
    102d Congress (H. Res. 5, Jan. 3, 1991, p. ----). Its full text, with
    certain amendments, was codified in rule LI in the 103d Congress (H.
    Res. 5, Jan. 5, 1993, p. ----). In the 104th Congress it was amended to
    reflect the new name of the Committee on House Oversight (sec. 202(b),
    H. Res. 6, Jan. 4, 1995, p. ----). The viability of this rule under the
    Congressional Accountability Act of 1995 is set forth in section 506 of
    that Act (2 U.S.C. 1435).