[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3963 Introduced in House (IH)]
108th CONGRESS
2d Session
H. R. 3963
To amend the Congressional Accountability Act of 1995 to extend to
employees of the legislative branch certain protections available to
other employees of the Federal Government under certain laws, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 11, 2004
Mr. Shays (for himself, Mr. Cooper, Mr. Castle, Mr. Frank of
Massachusetts, Mr. English, and Mr. Moran of Virginia) introduced the
following bill; which was referred to the Committee on House
Administration, and in addition to the Committees on Education and the
Workforce, and the Judiciary, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To amend the Congressional Accountability Act of 1995 to extend to
employees of the legislative branch certain protections available to
other employees of the Federal Government under certain laws, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; REFERENCES IN ACT.
(a) Short Title.--This Act may be cited as the ``Congressional
Accountability Enhancement Act of 2004''.
(b) References in Act.--Except as otherwise provided, whenever in
this Act an amendment is expressed in terms of an amendment to or
repeal of a section or other provision, the reference shall be
considered to be made to that section or other provision of the
Congressional Accountability Act of 1995.
TITLE I--PROTECTIONS FOR INDIVIDUALS WITH DISABILITIES
SEC. 101. PROHIBITING DISCRIMINATION IN ACCESS TO AND USE OF
CONGRESSIONAL ELECTRONIC AND INFORMATION TECHNOLOGY BY
INDIVIDUALS WITH DISABILITIES.
(a) Covered Employees.--
(1) In general.--Section 201(a)(3) (2 U.S.C. 1311(a)(3)) is
amended by striking ``section 501 of the Rehabilitation Act of
1973 (29 U.S.C. 791)'' and inserting ``sections 501 and
508(a)(1)(A)(i) of the Rehabilitation Act of 1973 (29 U.S.C.
791 and 794d(a)(1)(A)(i))''.
(2) Application of certain provisions of rehabilitation act
of 1973; regulations.--Section 201 (2 U.S.C. 1311) is amended--
(A) by redesignating subsection (d) as subsection
(f); and
(B) by inserting after subsection (c) the following
new subsections:
``(d) Application of Certain Provisions of Rehabilitation Act of
1973 to Protections Relating to Access to and Use of Electronic and
Information Technology.--In applying section 508(a)(1)(A)(i) of the
Rehabilitation Act of 1973 to covered employees (as provided under
subsection (a)(3)), the following provisions of such Act shall apply in
the same manner as such provisions apply with respect to Federal
employees under such section:
``(1) Section 508(a)(1)(B).
``(2) Section 508(a)(5).
``(3) Section 508(a)(6)(B).
``(4) Section 508(g).
``(e) Regulations To Implement Section.--
``(1) In general.--The Board shall, pursuant to section
304, issue regulations to implement this section.
``(2) Use of access board regulations for certain
provisions.--The regulations issued under paragraph (1) shall
be the same as the substantive regulations promulgated by the
Architectural and Transportation Barriers Compliance Board to
implement the statutory provisions referred to in subsection
(d) except insofar as the Board may determine, for good cause
shown and stated together with the regulation, that a
modification of such regulations would be more effective for
the implementation of the rights and protections under this
section.''.
(b) Members of the Public.--
(1) In general.--Section 210(b) (2 U.S.C. 1331(b)) is
amended--
(A) in paragraph (1), by inserting ``and section
508(a)(1)(A)(ii) of the Rehabilitation Act of 1973 (29
U.S.C. 794d(a)(1)(A)(ii))'' after ``and 12189)''; and
(B) in paragraph (2), by adding at the end the
following: ``For purposes of the application of section
508(a)(1)(A)(ii) of the Rehabilitation Act of 1973 (29
U.S.C. 794d(a)(1)(A)(ii)) under this section, the term
`Federal department or agency' means any entity listed
in subsection (a) that provides public services,
programs, or activities.''.
(2) Application of certain provisions of rehabilitation act
of 1973.--Section 210(b) (2 U.S.C. 1331(b)) is amended by
adding at the end the following new paragraph:
``(3) Application of certain provisions of rehabilitation
act of 1973 to protections relating to access to and use of
electronic and information technology.--In applying section
508(a)(1)(A)(ii) of the Rehabilitation Act of 1973 to the
provision of public services and accommodations (as provided
under paragraph (1)), the following provisions of such Act
shall apply in the same manner as such provisions apply with
respect to members of the public under such section:
``(A) Section 508(a)(1)(B).
``(B) Section 508(a)(5).
``(C) Section 508(a)(6)(A).
``(D) Section 508(g).''.
(3) Remedy.--Section 210(c) (2 U.S.C. 1331(c)) is amended
to read as follows:
``(c) Remedies.--
``(1) Relating to the americans with disabilities act of
1990.--The remedy for a violation of subsection (b) with
respect to the rights and protections against discrimination
under the applicable sections of the Americans with
Disabilities Act of 1990 shall be such remedy as would be
appropriate if awarded under section 203 or 308(a) of such Act
(42 U.S.C. 12133, 12188(a)), except that, with respect to any
claim of employment discrimination asserted by any covered
employee, the exclusive remedy shall be under section 201 of
this title.
``(2) Relating to the rehabilitation act of 1973.--The
remedy for a violation of subsection (b) with respect to the
rights and protections against discrimination under section
508(a)(1)(A)(ii) of the Rehabilitation Act of 1973 (29 U.S.C.
794d(a)(1)(A)(ii)) shall be such remedy as would be appropriate
if awarded under section 505(a)(2) of such Act (29 U.S.C.
794a(a)(2)).''.
(4) Available procedures.--Section 210(d)(1) (2 U.S.C.
1331(d)(1)) is amended by inserting ``(or, in the case of an
individual alleging a violation relating to section
508(a)(1)(A)(ii) of the Rehabilitation Act of 1973, an
individual described in such section)'' after ``(42 U.S.C.
12131(2)),''.
(5) Regulations to implement section.--Section 210(e)(2) (2
U.S.C. 1331(e)(2)) is amended by inserting ``(or, in the case
of section 508(a)(1)(A)(ii) of the Rehabilitation Act of 1973,
the same as the standards adopted by the Architectural and
Transportation Barriers Compliance Board for purposes of such
section)'' after ``Secretary of Transportation''.
(6) Conforming amendments.--The Congressional
Accountability Act of 1995 (2 U.S.C. 1301 et seq.) is amended--
(A) in the heading for part B of title II, by
adding at the end the following; ``and the
rehabilitation act of 1973''; and
(B) in the heading for section 210, by inserting
``and the rehabilitation act of 1973'' after
``americans with disabilities act of 1990''.
(7) Clerical amendments.--The table of contents for title
is amended--
(A) in the item relating to part B, by adding at
the end the following: ``and the Rehabilitation Act of
1973''; and
(B) in the item relating to section 210, by
inserting ``and the Rehabilitation Act of 1973'' after
``1990''.
SEC. 102. AMENDMENT TO THE REHABILITATION ACT OF 1973.
(a) In General.--Section 508 of the Rehabilitation Act of 1973 (29
U.S.C. 794d) is amended by adding at the end the following:
``(h) Applicability to General Accounting Office, Government
Printing Office, and the Library of Congress.--For purposes of
subsections (a), (b), (f), and (g) of this section, the term `Federal
department or agency' shall be deemed to include the General Accounting
Office, the Government Printing Office, and the Library of Congress.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect one year after the date of the enactment of this Act.
TITLE II--ADDITIONAL PROTECTIONS FOR EMPLOYEES
SEC. 201. APPLICATION TO LEGISLATIVE BRANCH EMPLOYEES OF WHISTLEBLOWER
PROTECTION RULES AND RESTRICTIONS ON DISCHARGE BY REASON
OF GARNISHMENT AND DISCRIMINATORY TREATMENT BY REASON OF
BANKRUPTCY.
(a) In General.--Part A of title II (2 U.S.C. 1311 et seq.) is
amended--
(1) in the heading, by striking ``fair labor standards,''
and all that follows and inserting ``and other protections and
benefits'';
(2) by redesignating section 207 as section 209; and
(3) by inserting after section 206 the following new
sections:
``SEC. 207. RIGHTS AND PROTECTIONS UNDER WHISTLEBLOWER PROTECTION
RULES.
``(a) Rights and Protections Described.--
``(1) In general.--No employing office may take or fail to
take, or threaten to take or fail to take, a personnel action
(within the meaning of chapter 23 of title 5, United States
Code) with respect to any covered employee or applicant for
employment because of--
``(A) any disclosure of information by a covered
employee or applicant which the employee or applicant
reasonably believes evidences--
``(i) a violation of any law, rule, or
regulation, or
``(ii) gross mismanagement, a gross waste
of funds, an abuse of authority, or a
substantial and specific danger to public
health or safety,
if such disclosure is not specifically prohibited by
law and if such information is not specifically
required by Executive order or the rules of the House
of Representatives or Senate to be kept secret in the
interest of national defense or the conduct of foreign
affairs; or
``(B) any disclosure to the General Counsel, or to
the Inspector General of an executive agency or
employing office or another employee designated by the
head of the agency or office to receive such
disclosures, of information which the employee or
applicant reasonably believes evidences--
``(i) a violation of any law, rule, or
regulation, or
``(ii) gross mismanagement, a gross waste
of funds, an abuse of authority, or a
substantial and specific danger to public
health or safety.
``(2) Definitions.--For purposes of this section and for
purposes of applying the procedures established under title IV
for the consideration of alleged violations of this section--
``(A) the term `covered employee' includes an
employee of the General Accounting Office or Library of
Congress; and
``(B) the term `employing office' includes the
General Accounting Office and the Library of Congress.
``(b) Remedy.--The remedy for a violation of subsection (a) shall
be such remedy as would be appropriate if awarded under chapter 12 of
title 5, United States Code, with respect to a prohibited personnel
practice described in section 2302(b)(8) of such title.
``(c) Regulations To Implement Section.--
``(1) In general.--The Board shall, pursuant to section
304, issue regulations to implement this section.
``(2) Agency regulations.--The regulations issued under
paragraph (1) shall be the same as the substantive regulations
promulgated by the Merit Systems Protection Board to implement
chapters 12 and 23 of title 5, United States Code, except to
the extent that the Board of Directors of the Office of
Compliance may determine, for good cause shown and stated
together with the regulation, that a modification of such
regulations would be more effective for the implementation of
the rights and protections under this section.
``SEC. 208. RESTRICTION ON DISCHARGE FROM EMPLOYMENT BY REASON OF
GARNISHMENT OR DISCRIMINATORY TREATMENT BY REASON OF
BANKRUPTCY.
``(a) Garnishment.--
``(1) Rights and protections described.--No employing
office may discharge any covered employee by reason of the fact
that the employee's earnings have been subjected to garnishment
for any one indebtedness.
``(2) Remedy.--The remedy for a violation of paragraph (1)
shall be such remedy as would be appropriate if awarded under
section 304(b) of the Consumer Credit Protection Act (15 U.S.C.
1674(b)).
``(b) Bankruptcy.--
``(1) Rights and protections described.--No employing
office may deny employment to, terminate the employment of, or
discriminate with respect to employment against, a covered
employee who is or has been a debtor under title 11, United
States Code, or a bankrupt or a debtor under the Bankruptcy
Act, or another covered employee with whom such bankrupt or
debtor has been associated, solely because such bankrupt or
debtor--
``(A) is or has been a debtor under such title or a
debtor or bankrupt under such Act;
``(B) has been insolvent before the commencement of
a case under such title or during the case but before
the grant or denial of a discharge; or
``(C) has not paid a debt that is dischargeable in
a case under such title or that was discharged under
such Act.
``(2) Remedy.--The remedy for a violation of paragraph (1)
would be such remedy as would be appropriate if awarded with
respect to a violation of section 525(a) or (b) of title 11,
United States Code.
``(c) Definitions.--For purposes of this section and for purposes
of applying the procedures established under title IV for the
consideration of alleged violations of this section--
``(1) the term `covered employee' includes an employee of
the General Accounting Office or the Library of Congress; and
``(2) the term `employing office' includes the General
Accounting Office and the Library of Congress.
``(d) Regulations To Implement Section.--
``(1) In general.--The Board shall, pursuant to section
304, issue regulations to implement this section.
``(2) Agency regulations.--The regulations issued under
paragraph (1) shall be the same as the substantive regulations
promulgated to implement section 304 of the Consumer Credit
Protection Act (15 U.S.C. 1674) and the substantive regulations
promulgated to implement section 525 of title 11, United States
Code, except to the extent that the Board of Directors of the
Office of Compliance may determine, for good cause shown and
stated together with the regulation, that a modification of any
such regulation would be more effective for the implementation
of the rights and protections under this section.''.
(b) Conforming Amendment to Bankruptcy Code.--Section 525 of title
11, United States Code, is amended by adding at the end the following
new subsection:
``(d)(1) In the case of an alleged violation of subsection (a) or
(b) by a governmental unit which is a legislative branch employing
office with respect to an employee of such office who is a legislative
branch covered employee, the procedures for consideration of the
alleged violation shall consist of the procedures applicable under
title IV of the Congressional Accountability Act of 1995.
``(2) In this subsection--
``(A) the term `legislative branch employing office' means
an employing office described in section 101(9) of the
Congressional Accountability Act of 1995, and includes the
General Accounting Office and the Library of Congress; and
``(B) the term `legislative branch covered employee' means
a covered employee described in section 101(3) of the
Congressional Accountability Act of 1995, and includes an
employee of the General Accounting Office or the Library of
Congress.''.
(c) Other Conforming Amendment.--Section 102(a) (2 U.S.C. 1302(a))
is amended by adding at the end the following new paragraphs:
``(12) Section 2302(b)(8) of title 5, United States Code.
``(13) Section 304 of the Consumer Credit Protection Act
(15 U.S.C. 1674).
``(14) Section 525 of title 11, United States Code.''.
(d) Clerical Amendment.--The table of contents for part A of title
II is amended--
(1) in the item relating to part A, by striking ``Fair
Labor Standards,'' and all that follows and inserting ``and
Other Protections and Benefits'';
(2) by redesignating the item relating to section 207 as
relating to section 209; and
(3) by inserting after the item relating to section 206 the
following:
``Sec. 207. Rights and protections under whistleblower
protection rules.
``Sec. 208. Restriction on discharge from employment by reason
of garnishment or discriminatory treatment
by reason of bankruptcy.''.
TITLE III--PUBLIC ACCOMMODATIONS UNDER TITLE II OF CIVIL RIGHTS ACT OF
1964
SEC. 301. PROHIBITING DISCRIMINATION IN PLACES OF PUBLIC ACCOMMODATION
OF LEGISLATIVE BRANCH ENTITIES.
(a) In General.--Part B of title II (2 U.S.C. 1331 et seq.) is
amended by adding at the end the following new section:
``SEC. 211. RIGHTS AND PROTECTIONS UNDER TITLE II OF THE CIVIL RIGHTS
ACT OF 1964 RELATING TO PLACES OF PUBLIC ACCOMMODATION.
``(a) Entities Subject to This Section.--The requirements of this
section shall apply to each of the following entities:
``(1) Each office of the Senate, including each office of a
Senator and each committee.
``(2) Each office of the House of Representatives,
including each office of a Member of the House of
Representatives and each committee.
``(3) Each joint committee of the Congress.
``(4) The Capitol Guide Service.
``(5) The Capitol Police.
``(6) The Congressional Budget Office.
``(7) The Office of the Architect of the Capitol (including
the Senate Restaurants and the Botanic Garden).
``(8) The Office of the Attending Physician.
``(9) The Office of Compliance.
``(10) The General Accounting Office.
``(11) The Library of Congress.
``(b) Discrimination in Places of Public Accommodation.--The rights
and protections in the full and equal enjoyment of the goods, services,
facilities, privileges, advantages, and accommodations of any place of
public accommodation established by section 201 of the Civil Rights Act
of 1964 (42 U.S.C. 2000a) shall apply to the entities listed in
subsection (a).
``(c) Remedy.--The remedy for a violation of subsection (b) shall
be such remedy as would be appropriate if awarded under section 204,
206, or 207 of the Civil Rights Act of 1964 (42 U.S.C. 2000a-3, 2000a-
5, and 2000a-6).
``(d) Available Procedures.--The provisions of section 210(d) shall
apply with respect to an individual alleging a violation of subsection
(b) by an entity listed in subsection (a), and to a charge filed by
such an individual, in the same manner as such provisions apply to an
individual with a disability who alleges a violation under such
section.
``(e) Regulations To Implement Section.--
``(1) In general.--The Board may, pursuant to section 304,
issue regulations to implement this section.
``(2) Agency regulations.--The regulations issued under
paragraph (1) shall be the same as the substantive regulations
promulgated to implement the statutory provisions referred to
in subsections (b) and (c) with respect to the executive
branch, except insofar as the Board may determine, for good
cause shown and stated together with the regulation, that a
modification of such regulations would be more effective for
the implementation of the rights and protections under this
section.''.
(b) Conforming Amendments.--(1) Section 102(a) (2 U.S.C. 1302(a)),
as amended by section 201(b), is amended by adding at the end the
following new paragraph:
``(15) Title II of the Civil Rights Act of 1964 (42 U.S.C.
2000a).''.
(2) The heading for part B of title II is amended to read as
follows:
``PART B--PUBLIC SERVICES AND ACCOMMODATIONS''.
(c) Clerical Amendments.--The table of contents for title II is
amended as follows:
(1) By amending the item relating to part B to read as
follows:
``Part B--Public Services and Accommodations''.
(2) In the item relating to part B, by adding at the end
the following:
``Sec. 221. Rights and protections under title II of the Civil
Rights Act of 1964 relating to places of
public accommodation.''.
TITLE IV--JURORS' EMPLOYMENT
SEC. 401. COVERAGE OF LEGISLATIVE BRANCH EMPLOYEES UNDER RULES
PROTECTING JURORS' EMPLOYMENT.
(a) In General.--Section 1875(a) of title 28, United States Code,
is amended--
(1) by striking ``(a)'' and inserting ``(a)(1)''; and
(2) by adding at the end the following:
``(2) In this section--
``(A) the term `employer' includes an employing office
under section 101(9) of the Congressional Accountability Act of
1995, the General Accounting Office, the Government Printing
Office, and the Library of Congress; and
``(B) the term `permanent employee' includes any covered
employee under section 101(3) of the Congressional
Accountability Act of 1995 and any employee of the General
Accounting Office, the Government Printing Office, and the
Library of Congress, without regard to whether the employee's
term of service or appointment is permanent.''.
(b) Effective Date.--The amendments made by subsection (a) apply
with respect to individuals summoned for juror service or serving on
juries on or after the date of the enactment of this Act.
TITLE V--UNIFORM DISPUTE RESOLUTION PROCEDURES UNDER CONGRESSIONAL
ACCOUNTABILITY ACT FOR LEGISLATIVE BRANCH EMPLOYEES
SEC. 501. ESTABLISHING UNIFORM DISPUTE RESOLUTION PROCEDURES FOR
VIOLATIONS OF CERTAIN RIGHTS AND PROTECTIONS.
(a) Employee Polygraph Protection Act of 1988.--Section 204(a)(2)
(2 U.S.C. 1314(a)(2)) is amended by striking ``this section'' and
inserting ``this section and for purposes of applying the procedures
established under title IV for the consideration of alleged violations
of this section''.
(b) Worker Adjustment and Retraining Notification Act.--Section
205(a)(2) (2 U.S.C. 1315(a)(2)) is amended by striking ``this section''
and inserting ``this section and for purposes of applying the
procedures established under title IV for the consideration of alleged
violations of this section''.
(c) Veterans' Employment and Reemployment.--Section 206(a)(2) (2
U.S.C. 1316(a)(2)) is amended by striking ``this section'' and
inserting ``this section and for purposes of applying the procedures
established under title IV for the consideration of alleged violations
of this section''.
SEC. 502. STUDY OF EXTENDING ALL PROCEDURAL RULES AND ENFORCEMENT
MECHANISMS UNDER CONGRESSIONAL ACCOUNTABILITY ACT TO ALL
LEGISLATIVE BRANCH ENTITIES.
(a) Study.--The Board of Directors of the Office of Compliance
shall conduct a study of the feasibility and desirability of extending
the administrative and judicial dispute-resolution procedures of title
IV of the Congressional Accountability Act of 1995 to the consideration
and resolution of all alleged violations of any provision of such Act
which are alleged by an employee of any office in the legislative
branch.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Board of Directors shall submit a report to
Congress on the study conducted under subsection (a).
TITLE VI--NOTICE OF RIGHTS
SEC. 601. REQUIRING EMPLOYING OFFICES TO POST NOTICE OF RIGHTS OF
COVERED EMPLOYEES.
(a) In General.--Title V (2 U.S.C. 1431 et seq.) is amended by
inserting after section 506 the following new section:
``SEC. 507. REQUIRING EMPLOYING OFFICES TO POST NOTICE OF RIGHTS OF
COVERED EMPLOYEES.
``Each employing office shall post and keep posted (in conspicuous
places upon its premises where notices to covered employees are
customarily posted) notices of the rights and protections applicable to
covered employees of the office under this Act or any other Federal law
relating to the terms and conditions of employment or access to public
services and accommodations.''.
(b) Conforming Amendment.--Section 303(a) (2 U.S.C. 1383(a)) is
amended by striking ``hearing officers,'' and inserting ``hearing
officers and procedures under section 507 for requiring employing
offices to post notices of the rights and protections applicable to
covered employees,''.
(c) Clerical Amendment.--The table of sections is amended by
amending the item relating to section 507 to read as follows:
``Sec. 507. Requiring employing offices to post notice of
rights of covered employees.''.
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