H.R.4892 - Congressional Accountability Act103rd Congress (1993-1994)
|Sponsor:||Rep. Moakley, John Joseph [D-MA-9] (Introduced 08/03/1994)|
|Committees:||House - Education and Labor; Government Operations; House Administration; Judiciary; Rules|
|Latest Action:||House - 09/17/1994 See H.R.4822. (All Actions)|
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Summary: H.R.4892 — 103rd Congress (1993-1994)All Information (Except Text)
Introduced in House (08/03/1994)
Congressional Accountability Act - Applies, by a specified conditional date, provisions of the following laws to the legislative branch: (1) the Fair Labor Standards Act of 1938; (2) Title VII of the Civil Rights Act of 1964; (3) the Americans With Disabilities Act of 1990; (4) the Age Discrimination in Employment Act of 1967; (5) Titles I and V of the Family and Medical Leave Act of 1993; (6) the Occupational Safety and Health Act of 1970; (7) provisions relating to Federal labor management relations; (8) the Employee Polygraph Protection Act of 1988; (9) the Worker Adjustment and Retraining Notification Act; and (10) the Rehabilitation Act of 1973. Requires that an action to abate a violation of OSHA for which a citation is received take place as soon as possible, but no later than the fiscal year after the citation is issued.
(Sec. 4) Establishes in the legislative branch an Office of Compliance to study and report to the Congress on: (1) the application of such laws to the legislative branch; (2) an examination of the procedures used by the instrumentalities to enforce the application of such laws; and (3) a determination as to whether to direct an instrumentality to make improvements in its regulations and procedures so as to assure that they are as effective as those specified in this Act. Authorizes the Office's Board of Directors to direct an instrumentality that has no such procedures to adopt the requisite procedures. Requires the Board to issue regulations governing such applicability which shall be subject to congressional approval.
Makes applicable to the legislative branch any provision of Federal law to the extent that it relates to the terms and conditions of employment (including protection from discrimination in personnel actions health and safety of employees, and family and medical leave).
(Sec. 5) Directs the Office, on an ongoing basis, to: (1) determine which of such laws should apply to the legislative branch; (2) study the application to the legislative branch of laws enacted after enactment of this Act; and (3) issue regulations to apply such laws to the legislative branch subject to congressional approval.
Sets forth House and Senate procedures for bills to implement such regulations.
(Sec. 6) Requires the Office to: (1) carry out an education program for Members of Congress and other employing authorities of the legislative branch respecting the laws made applicable to them a program to inform individuals of their rights under such laws and this Act; (3) publish statistics on the use of the Office by congressional employees; and (4) develop a system for the collection of demographic data on the composition of the congressional employees.
(Sec. 7) Sets forth procedures for consideration of alleged violations of the laws made applicable to the legislative branch consisting of the following steps: (1) counseling through the Office; (2) mediation with office; (3) formal complaint and hearing by a board; (4) judicial review if a congressional employee is aggrieved by a dismissal, final decision, or an order by the hearing board or if a head of an employing office is aggrieved by a final decision or would be subject to an order issued by such board; and (5) as an alternative to steps 3 and 4, a civil action in a U.S. district court.
(Sec. 14) Declares that any intimidation of, or reprisal against, any employee because of the exercise of a right under this Act constitutes an unlawful employment practice that may be remedied in the same manner under this Act as is a violation of law made applicable to the legislative branch.
(Sec. 15) Requires all counseling, mediation, and hearings and deliberations of a hearing board to be confidential. Permits the records of hearing boards to be made public if required for judicial review. Authorizes the House Committee on Standards of Official Conduct and the Senate Select Committee on Ethics to have access to the hearing and decisions of the hearing board only after the board has made a decision with respect to the matter.
(Sec. 17) Limits a congressional employee to the judicial proceeding provided by this Act to redress prohibited practices.
(Sec. 18) Requires the Office to study and report to the Congress on: (1) the ways that public access to information held by the Congress may be improved, streamlined, and made consistent between the House and the Senate; and (2) the application of the Freedom of Information Act and the Right of Privacy Act to the legislative branch.