[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.''.

                                 <all>