article: SECTION 1. SHORT TITLE. This Act may be cited as the ``Architect of the Capitol Human Resources Act''. SEC. 2. FINDING AND PURPOSE. (a) Finding.--The Congress finds that the Office of the Architect of the Capitol has not kept pace with human resource management practices common among other Federal and private sector organizations. (b) Purpose.--It is the purpose of this Act to require the Architect of the Capitol to establish and maintain a personnel management system that incorporates fundamental principles that exist in other modern personnel systems. SEC. 3. PERSONNEL MANAGEMENT SYSTEM. (a) Establishment.--The Architect of the Capitol shall establish and maintain a personnel management system. (b) Requirements.--The personnel management system shall at a minimum include the following: (1) 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. (2) 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. (3) 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. (4) A program for the training of Architect of the Capitol employees which has among its goals improved employee performance and opportunities for employee advancement. (5) 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. (6) 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. (7) A program to provide services to deal with mental health, alcohol abuse, drug abuse, and other employee problems, and which ensures employee confidentiality. (8) 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. SEC. 4. IMPLEMENTATION OF PERSONNEL MANAGEMENT SYSTEM. (a) Development of Plan.--The Architect of the Capitol shall-- (1) develop a plan for the establishment and maintenance of a personnel management system designed to achieve the requirements of section 3; (2) submit the plan to the Congress not later than 3 months after the date of enactment of this Act; and (3) implement the plan not earlier than 30 days and not later than 90 days after the plan is submitted to the Congress, as specified in paragraph (2). (b) 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 section 3 and complies with all other relevant laws, rules and regulations. The Architect of the Capitol shall report to the Congress on an annual basis the results of its evaluation under this subsection. (c) Application of Laws.--Nothing in this Act 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 Act. SEC. 5. DISCRIMINATION COMPLAINT PROCESSING. (a) Definitions.--For purposes of this section: (1) The term ``employee of the Architect of the Capitol'' or ``employee'' means-- (A) any employee of the Architect of the Capitol; (B) any applicant for a position that is to be occupied by an individual described in subparagraph (A); or (C) any individual who was formerly an employee described in subparagraph (A) and whose claim of a violation arises out of the individual's employment with the Architect of the Capitol. (2) The term ``violation'' means a practice that violates subsection (b) of this section. (b) Discriminatory Practices Prohibited.-- (1) In general.--All personnel actions affecting employees of the Architect of the Capitol shall be made free from any discrimination based on-- (A) 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); (B) age, within the meaning of section 15 of the Age Discrimination in Employment Act of 1967 (29 U.S.C. 633a); or (C) 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). (2) 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 paragraph (1). (c) Procedure for Consideration of Alleged Violations.-- (1) General accounting office personnel appeals board.--Any employee of the Architect of the Capitol alleging a violation of subsection (b) 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) and regulations of the Board. Such a charge may be filed only after the employee has filed a complaint with the Architect of the Capitol in accordance with requirements prescribed by the Architect of the Capitol and has exhausted all remedies pursuant to such requirements. (2) Authority of architect.--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). (3) Reimbursement.--The Architect of the Capitol shall reimburse the General Accounting Office for costs incurred by the Board in considering charges filed under this section. (d) Amendments to the General Accounting Office Personnel Act of 1980.-- (1) Section 751(a)(1) of title 31, United States Code, amended by inserting ``or Architect of the Capitol'' after ``Office''. (2) Section 753(a) of title 31, United States Code, is amended-- (A) in paragraph (7) by striking ``and'' at the end of the paragraph; (B) in paragraph (8) by striking the period and inserting ``; and''; and (C) by inserting at the end thereof the following: ``(9) an action involving discrimination prohibited under section 4(b) of the Architect of the Capitol Human Resources Act.''. (3) Section 755 of title 31, United States Code, is amended-- (A) in subsection (a) by striking the ``or (7)'' and inserting ``, 7, or (9)''; and (B) in subsection (b) by striking ``or applicant for employment'' and inserting ``applicant for employment, or employee of the Architect of the Capitol''.
summary: Architect of the Capitol Human Resources Act - Directs the Architect of the Capitol (AOC) to establish, implement, maintain, evaluate, and report to the Congress annually on a personnel management system that: (1) ensures that applicants for employment and employees of the AOC 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; (2) provides an equal employment opportunity program which includes an affirmative employment program and procedures for monitoring progress by the AOC in ensuring a workforce reflective of the diverse labor force; (3) includes a system for classification of positions which takes into account the difficulty, responsibility, and qualification requirements of the work performed and which conform to the principle of equal pay for substantially equal work; (4) has a training program for AOC employees which has among its goals improved employee performance and oppotunities for employee advancement; (5) has a formal performance appraisal system which will permit the accurate evaluation of job performance on the basis of objective criteria for all AOC employees; (6) has a fair and equitable system to address unacceptable conduct and performance by AOC employees, including a general statement of violations, sanctions, and procedures which shall be made known to all employees and a formal grievance procedure; (7) has a program to provide services to deal with mental health, alcohol abuse, drug abuse, and other employee problems and which ensures employee confidentiality; and (8) has 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 requirements of this Act. Requires all personnel actions affecting AOC employees to be made free from any discrimination prohibited by: (1) the Civil Rights Act of 1964; (2) the Age Discrimination in Employment Act of 1967; (3) the Rehabilitation Act of 1973; and (4) the Americans with Disabilities Act of 1990. Sets forth procedures for consideration of alleged violation of such provisions by AOC employees. Declares that any intimidation of, or reprisal against, any AOC employee or by any AOC employee, because of the exercise of a right under such provisions constitutes an unlawful employment practice which may be remedied in the same manner as are other violations described in this Act. Amends the General Accounting Office Personnel Act of 1980 to prohibit a current or former officer or employee of the AOC from being appointed as a member of the General Accounting Office Personnel Appeals Board. Authorizes the Board to consider and order corrective or disciplinary action in a case arising from an action involving discrimination prohibited under this Act. Subjects the final decision of the Board to judicial review. Allows an AOC employee to be awarded attorney's fees if she or he prevails in such case.