S.2071 - Congressional Accountability Act103rd Congress (1993-1994)
|Sponsor:||Sen. Lieberman, Joseph I. [D-CT] (Introduced 05/04/1994)|
|Committees:||Senate - Governmental Affairs|
|Latest Action:||06/29/1994 Committee on Governmental Affairs. Hearings held.|
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Subject — Policy Area:
- Government Operations and Politics
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Summary: S.2071 — 103rd Congress (1993-1994)All Bill Information (Except Text)
Introduced in Senate (05/04/1994)
Congressional Accountability Act - Makes specified Federal statutes (or provisions thereof) applicable to the offices and employees of the legislative branch of the Federal Government, including (with exceptions): (1) the Fair Labor Standards Act of 1938 (FLSA); (2) the Occupational Safety and Health Act of 1970 (OSHA); (3) the Civil Rights Act of 1964; (4) the Age Discrimination in Employment Act of 1967; (5) the Americans with Disabilities Act of 1990 (ADA); (6) the Rehabilitation Act of 1973; (7) the Family and Medical Leave Act of 1993; (8) the Employee Polygraph Protection Act of 1988; (9) the Worker Adjustment and Retraining Notification Act; (10) the Freedom of Information Act (FOIA); (11) the Privacy Act of 1974 (Privacy Act); and (12) provisions governing Federal labor-management relations.
(Sec. 3) Establishes in the legislative branch an Office of Compliance. Provides for a Board of Directors: (1) to issue regulations that specify the manner in which provisions of this Act shall be implemented to ensure compliance; (2) when proposing regulations, to recommend to the Congress any needed changes in or repeals of existing law to accommodate the application of such provision to its employees and offices; and (3) to study provisions of Federal law relating to employment, personnel actions, or availability of information to the public that are similar to such provision and that do not apply to congressional offices or employees, and recommend to the Congress whether any of those provisions should be applied to congressional offices or employees.
Sets forth congressional disapproval procedures with respect to the issuance of regulations of, and rulemaking by, the Office. Requires the Board to carry out a program to inform Members of Congress, congressional employees, and heads of congressional offices as to the provisions, including remedies, made applicable to the legislative branch.
(Sec. 5) Sets forth procedures for consideration of alleged violations of civil rights and personnel requirements, including: (1) step I, counseling; (2) step II, mediation; and (3) at the election of the employee alleging the violation, step IIIA, formal complaint and hearing by a hearing board, and step IV, judicial review of a hearing board decision by the U.S. Court of Appeals for the Federal Circuit, or step IIIB, a civil action in a U.S. district court.
(Sec. 11) Sets forth procedures for consideration of alleged violations relating to: (1) information requirements; and (2) labor management and occupational health and safety requirements.
(Sec. 13) Makes FOIA and the Privacy Act inapplicable to specified offices, including the personnel offices of Members of Congress, congressional committees, and the offices of any caucus or partisan organization related to the Congress.
(Sec. 15) Treats intimidation of, or reprisal against, a congressional employee by any Member or officer of the Congress, any head of a congressional office, or any congressional employee, because of the exercise of a right under this Act, as an unlawful employment practice.
(Sec. 16) Sets forth provisions regarding confidentiality with respect to counseling, mediation, hearings, release of records for judicial review, and access by congressional committees.
(Sec. 17) Requires the Office, on a regular basis and at least once during each Congress, to request that the Secretary of Labor and the Architectural and Transportation Barriers Compliance Board detail to the Office such personnel as necessary to inspect the facilities of the legislative branch to ensure compliance with OSHA, FLSA, and ADA.
(Sec. 18) Requires the executive director of the office (appointed by the chairperson of the Board) to: (1) collect information with respect to complaints filed under this Act; and (2) submit for publication in the Congressional Record a report containing such information, without identifying parties by name.
(Sec. 19) Specifies that it shall not be a violation to consider the party affiliation, domicile, or political compatibility with the employing office of an employee with respect to employment decisions issued under this Act.
(Sec. 20) Prohibits a congressional employee from commencing a judicial proceeding to redress practices prohibited under this Act, except as provided in this Act.
(Sec. 22) Authorizes appropriations.