H.R. 4822 (103rd): Congressional Accountability Act of 1994

Introduced:
Jul 25, 1994 (103rd Congress, 1993–1994)
Sponsor:
Rep. Christopher Shays [R-CT4]
Status:
Died (Passed House)
See Instead:
This bill was re-introduced as H.R. 1 (104th) on Jan 04, 1995.

The bill’s title was written by the bill’s sponsor. H.R. stands for House of Representatives bill.

GovTrack’s Bill Summary

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Library of Congress Summary

The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress.


10/3/1994--Reported to Senate amended. 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).
Section 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.
Section 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.
Section 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.
Section 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.
Section 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.
Section 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.
Section 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.
Section 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.
Section 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.
Section 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.
Section 404 -
Prohibits judicial review of actions taken pursuant to this Act, except in proceedings authorized under title III.
Section 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.
Section 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.
Section 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.

House Republican Conference Summary

The summary below was written by the House Republican Conference, which is the caucus of Republicans in the House of Representatives.


No summary available.

House Democratic Caucus Summary

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The bill contains the following citations to other parts of U.S. law:

Slip Laws

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United States Code

The United States Code is the compilation of permanent laws enacted by Congress. Temporary and other non-permanent laws do not appear in the United States Code. (About half of the United States Code is the law itself, called positive law. The other half is merely a compilation of the laws but has no legal significance.)

Statutes at Large

The United States Statutes at Large is the compilation of all laws enacted by Congress.

  • 108 Stat. 1444

Other Citations

  • 5 U.S.C. Chapter 57
  • 5 U.S.C. Chapter 71
  • 5 U.S.C. Chapter 57
  • 28 U.S.C. Chapter 158