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.
(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).
`(3) Section 508(a)(6)(B).
`(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).
`(C) Section 508(a)(6)(A).
(3) REMEDY- Section 210(c) (2 U.S.C. 1331(c)) is amended to read as follows:
`(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.
`(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)).
`(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.
`(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:
`(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.'.
END
