TABLE OF CONTENTS:
Title I: Extension of Rights and Protections, and
Associated Procedures
Title II: Office of Congressional Fair Employment
Practices-Establishment and Operations
Title III: Administrative and Judicial Dispute-Resolution
Procedures
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.
Authorizes appropriations.
(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.
Rules Committee Resolution H. Res. 514 Reported to House. Rule provides for consideration of H.R. 4822 with 1 hour of general debate. Previous question shall be considered as ordered except motion to recommit. Measure will be read by section. Specified amendments are in order. In lieu of the committee amendments now printed in the bill, it shall be in order to consider as an original bill for the purpose of amendment the amendment in the nature of a substitute consisting of the text of H.R. 4892, modified by the amendments printed in part 1 of the report accompanying this resolution. No amendment to the amendment in the nature of a substitute shall be in order except those printed in part 2 of the report, to be offered in the order and manner specified.
Rule H. Res. 514 passed House.
Considered under the provisions of rule H. Res. 514. (consideration: CR H7338-7370)
Rule provides for consideration of H.R. 4822 with 1 hour of general debate. Previous question shall be considered as ordered except motion to recommit. Measure will be read by section. Specified amendments are in order. In lieu of the committee amendments now printed in the bill, it shall be in order to consider as an original bill for the purpose of amendment the amendment in the nature of a substitute consisting of the text of H.R. 4892, modified by the amendments printed in part 1 of the report accompanying this resolution. No amendment to the amendment in the nature of a substitute shall be in order except those printed in part 2 of the report, to be offered in the order and manner specified.
House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 514 and Rule XXIII.
The Speaker designated the Honorable Jay Inslee to act as Chairman of the Committee.
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GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate.
DEBATE - Pursuant to the provisions of H. Res. 514, each amendment made in order by that resolution during consideration of H.R. 4822 will be debated for not to exceed 10 minutes, equally divided and controlled.
Mr. Rose asked unanimous consent that the amendments of Mr. Shays which are made in order by the rule be considered en bloc. Agreed to without objection.
The House rose from the Committee of the Whole House on the state of the Union to report H.R. 4822.
The previous question was ordered pursuant to the rule.
The House adopted the amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union.
Passed/agreed to in House: On passage Passed by the Yeas and Nays: 427 - 4 (Roll no. 390).
Roll Call #390 (House)On passage Passed by the Yeas and Nays: 427 - 4 (Roll no. 390).
Roll Call #390 (House)Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate and read twice and referred to the Committee on Governmental Affairs.
Committee on Governmental Affairs. Ordered to be reported with an amendment in the nature of a substitute favorably.
Committee on Governmental Affairs. Reported to Senate by Senator Glenn with an amendment in the nature of a substitute and an amendment to the title. With written report No. 103-397.
Committee on Governmental Affairs. Reported to Senate by Senator Glenn with an amendment in the nature of a substitute and an amendment to the title. With written report No. 103-397.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 710.