§ 1831. Human resources program

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1994

   Pub. L. 103–283 title III § 312 · 108 Stat. 1423

   Enacted · 2 U.S.C. § 1831

   Pub. L. 103–283, title III, § 312, July 22, 1994, 108 Stat. 1443

   Source evidence

   Code source credit
   Pub. L. 103–283, title III, § 312, July 22, 1994, 108 Stat. 1443

   Enacted provision · exact public law section
   Sec. 312. Architect of the Capitol Human Resources Program.— (a) Short Title.— This section may be cited as the “Architect of the Capitol Human Resources Act”. (b) Finding and Purpose.— (1) Finding.— The Congress finds that the Office of the Architect of the Capitol should develop human resources management programs that are consistent with the practices common among other Federal and private sector organizations. (2) Purpose.— It is the purpose of this section to require the Architect of the Capitol to establish and maintain a personnel management system that incorporates fundamental principles that exist in other modem personnel systems. (c) Personnel Management System.— (1) Establishment.— The Architect of the Capitol shall establish and maintain a personnel management system. (2) Requirements.— The personnel management system shall at a minimum include the following: (A) A system which ensures that applicants for employment and employees of the Architect of the Capitol are appointed, promoted, and assigned on the basis of merit and fitness after fair and equitable consideration of all applicants and employees through open competition. (B) An equal employment opportunity program which includes an affirmative employment program for employees and applicants for employment, and procedures for monitoring progress by the Architect of the Capitol in ensuring a workforce reflective of the diverse labor force. (C) A system for the classification of positions which takes into account the difficulty, responsibility, and qualification requirements of the work performed, and which conforms to the principle of equal pay for substantially equal work. (D) A program for the training of Architect of the Capitol employees which has among its goals improved employee performance and opportunities for employee advancement. (E) A formal performance appraisal system which will permit the accurate evaluation of job performance on the basis of objective criteria for all Architect of the Capitol employees. (F) A fair and equitable system to address unacceptable conduct and performance by Architect of the Capitol employees, including a general statement of violations, sanctions, and procedures which shall be made known to all employees, and a formal grievance procedure. (G) A program to provide services to deal with mental health, alcohol abuse, drug abuse, and other employee problems, and which ensures employee confidentiality. (H) A formal policy statement regarding the use and accrual of sick and annual leave which shall be made known to all employees, and which is consistent with the other requirements of this section. (d) Implementation of Personnel Management System.— (1) Development of Plan.— The Architect of the Capitol shall— (A) develop a plan for the establishment and maintenance of a personnel management system designed to achieve the requirements of subsection (c); (B) submit the plan to the Speaker of the House of Representatives, the House Office Building Commission, the Committee on Rules and Administration of the Senate, the Joint Committee on the Library, and the Committees on Appropriations of the Senate and the House of Representatives not later than 12 months after the date of enactment of this Act; and (C) implement the plan not later than 90 days after the plan is submitted to the Speaker of the House of Representatives, the House Office Building Commission, the Committee on Rules and Administration of the Senate, the Joint Committee on the Library, and the Committees on Appropriations of the Senate and the House of Representatives, as specified in subparagraph (B). (2) Evaluation and Reporting.— The Architect of the Capitol shall develop a system of oversight and evaluation to ensure that the personnel management system of the Architect of the Capitol achieves the requirements of subsection (c) and complies with all other relevant laws, rules and regulations. The Architect of the Capitol shall report to the Speaker of the House of Representatives, the House Office Building Commission, the Committee on Rules and Administration of the Senate, and the Joint Committee on the Library on an annual basis the results of its evaluation under this subsection. (3) Application of Laws.— Nothing in this section shall be construed to alter or supersede any other provision of law otherwise applicable to the Architect of the Capitol or its employees, unless expressly provided in this section. (e) Discrimination Complaint Processing.— (1) Definitions.— For purposes of this subsection: (A) The term “employee of the Architect of the Capitol” or “employee” means— (i) any employee of the Architect of the Capitol, the Botanic Garden, or the Senate Restaurants; (ii) any applicant for a position that is to be occupied by an individual described in clause (i); or (iii) within 180 days after the termination of employment with the Architect of the Capitol, any individual who was formerly an employee described in clause (i) and whose claim of a violation arises out of the individual’s employment with the Architect of the Capitol. (B) The term “violation” means a practice that violates paragraph (2) of this subsection. (C) Notwithstanding subparagraph (A), the terms “employee of the Architect of the Capitol” and “employee” do not include any individual referred to in clause (i), (ii), or (iii) of such subparagraph who is a House of Representatives garage or parking lot attendant (including the Superintendent), with respect to whom supervision and all other employee-related matters are transferred to the Sergeant at Arms of the House of Representatives pursuant to direction of the Committee on Appropriations of the House of Representatives in House Report 103–517 of the One Hundred Third Congress. (2) Discriminatory practices prohibited.— (A) In general.— All personnel actions affecting employees of the Architect of the Capitol shall be made free from any discrimination based on— (i) race, color, religion, sex, or national origin, within the meaning of section 717 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-16); (ii) age, within the meaning of section 15 of the Age Discrimination in Employment Act of 1967 (29 U.S.C. 633a); or (iii) handicap or disability, within the meaning of section 501 of the Rehabilitation Act of 1973 (29 U.S.C. 791) and sections 102 through 104 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12112-14). (B) Intimidation prohibited.— Any intimidation of, or reprisal against, any employee by the Architect of the Capitol, or by any employee of the Architect of the Capitol, because of the exercise of a right under this section constitutes an unlawful employment practice, which may be remedied in the same manner as are other violations described in subparagraph (A). (3) Procedure for consideration of alleged violations.— (A) Any employee of the Architect of the Capitol alleging a violation of paragraph (2) may file a charge with the General Accounting Office Personnel Appeals Board in accordance with the General Accounting Office Personnel Act of 1980 (31 U.S.C. 751–55). Such a charge may be filed only after the employee has filed a complaint with the Architect of the Capitol in accordance with require-ments prescribed by the Architect of the Capitol and has exhausted all remedies pursuant to such requirements. (B) The Architect of the Capitol shall carry out any action within its authority that the Board orders under section 4 of the General Accounting Office Personnel Act of 1980 (31 U.S.C. 753). (C) The Architect of the Capitol shall reimburse the General Accounting Office for costs incurred by the Board in considering charges filed under this subsection. (4) Amendments to the general accounting office personnel act of 1980.— (A) Section 751(a)(1) of title 31, United States Code, is amended by inserting “or of the Architect of the Capitol, the Botanic Garden, or the Senate Restaurants,” after “Office”. (B) Section 753(a) of title 31, United States Code, is amended— (i) in paragraph (7) by striking “and” at the end of the paragraph; (ii) in paragraph (8) by striking the period and inserting “; and”; and (iii) by inserting at the end thereof the following: “(9) an action involving discrimination prohibited under section 312(e)(2) of the Architect of the Capitol Human Resources Act.” (C) Section 755 of title 31, United States Code, is amended— (i) in subsection (a), by striking “or (7)” and inserting “, (7) or (9)”; and (ii) in subsection (b)— (I) by striking “or applicant for employment” and inserting “applicant for employment, or employee of the Architect of the Capitol, the Botanic Garden, or the Senate Restaurants”; and (II) by inserting “or under section 312(e)(2) of the Architect of the Capitol Human Resources Act” after “of this title”. (f) Conforming Amendments.— (1) Section 301(c) of Public Law 102–166 is amended— 2 USC 1201. (A) by striking subparagraph (B); (B) by striking “or (B)” in subparagraphs (C) and (D); and (C) by redesignating subparagraphs (C) and (D) as subparagraphs (B) and (C), respectively. (2) Section 305(c) of Public Law 102–166 is amended to 2 USC 1205. read as follows: “(c) Employees of the Capitol Police.— In the case of an employee who is a member of the Capitol Police, the Director may refer the employee to the Capitol Police Board for resolution of the employee’s complaint through the internal grievance procedures of the Capitol Police Board for a specific period of time, which shall not count against the time available for counseling or mediation under this title.”. (3) Section 312 of Public Law 102–166 is amended by 2 USC 1212. striking “or by the Architect of the Capitol, or anyone employed by the Architect of the Capitol,”. (4) Section 501(h)(2) of the Family and Medical Leave Act of 1993 is amended by striking “or (B)”. 2 USC 60m. This Act may be cited as the “Legislative Branch Appropriations Act, 1995”.

2. 1995

   Pub. L. 104–1 title V § 504(c)(1) · 109 Stat. 3

   Struck · 2 U.S.C. § 1831(e)

   Pub. L. 104–1 struck out subsec. (e) which related to processing of discrimination complaints

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 104–1 struck out subsec. (e) which related to processing of discrimination complaints.

   Enacted provision · exact public law section
   (1) Repeal.— Section 312(e) of the Architect of the Capitol Human Resources Act (Public Law 103–283; 108 Stat. 1444) 40 USC 166b–7. is repealed, except as provided in section 506 of this Act.

2 of 2 references resolved to an enrolled provision