H.R.4822 - Congressional Accountability Act of 1994103rd Congress (1993-1994)
Summary: H.R.4822 — 103rd Congress (1993-1994)
Reported to Senate amended (10/03/1994)
TABLE OF CONTENTS:
Title I: Extension of Rights and Protections, and
Title II: Office of Congressional Fair Employment
Practices-Establishment and Operations
Title III: Administrative and Judicial Dispute-Resolution
Title IV: Miscellaneous Provisions
Congressional Accountability Act of 1994 - Title I: Extension of Rights and Protections, and Associated Procedures - Requires all personnel actions affecting covered employees to be made free from any discrimination based on race, color, religion, sex, national origin, age, or handicap or disability. Defines a "covered employee" as an employee of the House of Representatives, the Senate, the Architect of the Capitol, the Congressional Budget Office (CBO), the Office of Technology Assessment (OTA), or the Office of Congressional Fair Employment Practices (the Office).
(Sec. 101) Provides that any intimidation of, or reprisal against, any covered employee because of the exercise of a right under this Act constitutes an unlawful employment practice.
Makes available the remedies awarded under the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, the Rehabilitation Act of 1973, or a specified section of the Americans with Disabilities Act of 1990 (ADA), as appropriate, for discrimination violations affecting covered employees. Prohibits punitive damages for such violations. Bars a covered employee from commencing an administrative or judicial proceeding to seek a remedy for prohibited practices, except as provided under this Act.
(Sec. 102) Applies the rights, protections, and remedies of the Family and Medical Leave Act of 1993 and the Fair Labor Standards Act of 1938 (FLSA) to covered employees.
(Sec. 104) Establishes the following exclusive procedures for remedy of violations of the laws described above: (1) employee counseling; (2) mediation; (3) filing of a formal complaint with the Office or filing of a civil action in the U.S. district court; and (4) appealing to the Board of Directors of the Office if aggrieved by a decision or to the U.S. Court of Appeals for review, subject to certain conditions.
(Sec. 105) Applies the rights and protections against discrimination in the provision of public services under the ADA to the Senate, the House, congressional joint committees, the Architect of the Capitol, the Capitol Guide Service, the Capitol Police, CBO, OTA, and the Office. Applies such rights and protections to any qualified individual with a disability, except that, with respect to claims of employment discrimination asserted by a covered employee, the exclusive remedies described above shall apply.
Makes remedies under such Act available for such violations and describes procedures to remedy such violations, inlcuding filing a charge with the General Counsel of the Office, mediation, and judicial review.
(Sec. 106) Directs each employing office and covered employee to comply with the Occupational Safety and Health Act of 1970 and applies such Act's duties, rights, protections, and remedies (except penalties) to such offices and employees. Establishes procedures for such remedies, including granting the General Counsel and the Board certain authorities exercised by the Secretary of Labor under such Act.
(Sec. 107) Applies the Federal Service Labor-Management Relations Statute to employing offices and covered employees. Grants the Board and the General Counsel specified authorities under the Statute.
(Sec. 108) Directs the Board to study the application of the following laws to the General Accounting Office, the Government Printing Office, the Library of Congress, and other entities in the legislative branch not covered by other parts of this title: (1) Title VII of the Civil Rights Act of 1964; (2) the Age Discrimination in Employment Act of 1967; (3) the ADA; (4) the Family and Medical Leave Act of 1993; (5) the FLSA; (6) the Occupational Health and Safety Act of 1970; (7) the Federal Service Labor-Management Relations Statute; and (8) the General Accounting Office Personnel Act of 1980.
Title II: Office of Congressional Fair Employment Practices-Establishment and Operations - Establishes the Office of Congressional Fair Employment Practices within the legislative branch.
(Sec. 207) Authorizes appropriations.
Title III: Administrative and Judicial Dispute-Resolution Procedures - Sets forth procedures for counseling, mediation, hearings, appeals to the Board, judicial review of Board decisions, and civil actions relating to violations described under title I.
(Sec. 307) Sets deadlines for: (1) making counseling requests; and (2) charging discrimination in public services or discrimination in exercising rights relating to occupational safety and health.
Title IV: Miscellaneous Provisions - Sets forth procedures for the congressional consideration of Board rules to apply the statutory provisions of title I.
(Sec. 403) Establishes Settlements and Awards Reserve appropriation accounts in the Contingent Funds of the House and the Senate. Makes amounts in such accounts available for the payment of awards for settlements made under this Act.
(Sec. 404) Prohibits judicial review of actions taken pursuant to this Act, except in proceedings authorized under title III.
(Sec. 406) Provides that it shall not be a violation of any provision to consider the party affiliation, domicile, or political compatibility, with respect to employment decisions, of employees who are: (1) on the staff of the House or Senate leadership; (2) on the staff of congressional committees, joint committees, or subcommittees; (3) on the staff of Members of the House or Senators; (4) officers of the House or the Senate or elected or appointed congressional staff; or (5) applicants for any such positions.
(Sec. 407) Directs the Senate Select Committee on Ethics and the House Committee on Standards of Official Conduct to retain full power with respect to the discipline of Members, officers, and employees for violating rules of the Senate and the House on nondiscrimination in employment.
(Sec. 408) Requires each report accompanying a bill or joint resolution reported by a House or Senate committee (except for the Committees on Appropriations or the Budget) to list the provisions of the bill that apply to the Congress and evaluate the impact of such provisions on the Congress or, in the case of provisions that are not applicable, state the reasons such provisions do not apply.