[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.).