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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4444 Introduced in House (IH)]

103d CONGRESS
  2d Session
                                H. R. 4444

   To require the Congress to comply with the laws which it requires 
             others to comply with, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 18, 1994

   Mr. Bartlett of Maryland introduced the following bill; which was 
 referred jointly to the Committees on House Administration, Education 
  and Labor, Government Operations, the Judiciary, Rules, Energy and 
                      Commerce, and Ways and Means

_______________________________________________________________________

                                 A BILL

 
   To require the Congress to comply with the laws which it requires 
             others to comply with, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

  TITLE I--CONGRESSIONAL COMPLIANCE WITH CERTAIN GENERALLY APPLICABLE 
                                  LAWS

SECTION 101. SHORT TITLE.

    This title may be cited as the ``Equity for Congress Act''.

SEC. 102. COVERAGE OF CONGRESS IN MATTERS INVOLVING EMPLOYMENT.

    (a) Application.--
            (1) In general.--The rights and protections provided 
        pursuant to this title and the provisions of law specified in 
        paragraph (2) shall apply with respect to employment by the 
        Congress.
            (2) Provisions.--The provisions of law that shall apply 
        with respect to employment by Congress are--
                    (A) title VII of the Civil Rights Act of 1964 (42 
                U.S.C. 2000e et seq.),
                    (B) the Age Discrimination in Employment Act of 
                1967 (29 U.S.C. 621 et seq.),
                    (C) the National Labor Relations Act (29 U.S.C. 151 
                et seq.),
                    (D) section 1977 of the Revised Statutes of the 
                United States (42 U.S.C. 1881),
                    (E) section 1977A of the Revised Statutes of the 
                United States (42 U.S.C. 1881a),
                    (F) the Fair Labor Standards Act of 1938 (29 U.S.C. 
                201 et seq.),
                    (G) the Occupational Safety and Health Act of 1970 
                (29 U.S.C. 651 et seq.), and
                    (H) the Family and Medical Leave Act of 1993 (29 
                U.S.C. 2601 et seq.).
    (b) Enforcement by Administrative Action.--
            (1) In general.--A congressional employee, including a 
        class or organization acting on behalf of a congressional 
        employee, may bring an administrative action in accordance with 
        paragraph (2) before an administrative agency to enforce the 
        application of a law set out in subsection (a)(2) by the 
        Congress or the congressional employer of such employee to such 
        employee if a similarly situated complaining party may bring 
        such an action before such agency.
            (2) Requirements.--An administrative action described in 
        paragraph (1) shall be commenced in accordance with the 
        statutory and procedural requirements of the law which is 
        sought to be enforced.
            (3) Administrative action.--An administrative agency before 
        which is brought an action described in paragraph (1) may take 
        such action against the Congress or congressional employer 
        sited in the action as the agency could take in an action 
        brought by a similarly situated complaining party.
    (c) Enforcement by Civil Action.--
            (1) In general.--A congressional employee, including a 
        class or organization acting on behalf of a congressional 
        employee, may bring a civil action to enforce a provision of 
        law set out in subsection (a)(2) in a court authorized by 
        paragraph (3) against the Congress or the congressional 
        employer of such employee if a similarly situated complaining 
        party could bring such a civil action.
            (2) Requirements.--A civil action described in paragraph 
        (1) shall be commenced in accordance with the statutory and 
        procedural requirements of the law which is sought to be 
        enforced.
            (3) Venue.--An action may be brought under paragraph (1) to 
        enforce a provision of law set out in subsection (a)(2) in any 
        court of competent jurisdiction in which a similarly situated 
        complaining party may otherwise bring a civil action to enforce 
        such provision.
            (4) Relief.--In any civil action brought under paragraph 
        (1) to enforce a provision of law set out in subsection (a)(2), 
        the court--
                    (A) may grant as relief against the Congress or 
                congressional employer any equitable relief otherwise 
                available to a similarly situated complaining party 
                bringing a civil action to enforce such provision,
                    (B) may grant as relief against the Congress any 
                damages that would otherwise be available to such a 
                complaining party, and
                    (C) allow such fees and costs as would be allowed 
                in such an action by such a party.

SEC. 103. MATTERS OTHER THAN EMPLOYMENT.

    (a) Rights and Protections.--In accordance with paragraph (6) of 
section 509(a) of the Americans with Disabilities Act of 1990 (42 
U.S.C. 12209), the rights and protections provided under such Act shall 
apply with respect to the conduct of the Congress regarding matters 
other than employment.
    (b) Enforcement.--To enforce paragraph (1), any person may bring--
            (1) an administrative action described in section 102(b), 
        or
            (2) a civil action described in section 102(c).

SEC. 104. INFORMATION.

    (a) Application.--The rights and protections provided under section 
552a of title 5, United States Code, shall apply with respect to 
information in the possession of the Congress.
    (b) Enforcement.--To enforce subsection (a), any person may bring--
            (1) an administrative action described in section 102(b), 
        or
            (2) a civil action described in section 102(c),
against the Congress or a congressional employer in possession of 
information.

SEC. 105. INDEPENDENT COUNSEL.

    (a) Application.--The rights and protections provided pursuant to 
chapter 40 of title 28, United States Code, shall apply with respect to 
investigations of congressional improprieties.
    (b) Enforcement.--To enforce subsection (a), any person may bring--
            (1) an administrative action described in section 102(b), 
        or
            (2) a civil action described in section 102(c),
against any party with a duty under such chapter 40.

SEC. 106. AMENDMENT TO THE STANDING RULES OF THE SENATE.

    Rule XIV of the Standing Rules of the Senate is amended by adding 
at the appropriate place the following: ``No bill, resolution, or 
amendment which creates a requirement of general applicability but 
which exempts the Congress of the United States from its provisions may 
be considered except by a vote of three-fifths of Senators duly chosen 
and sworn.''.

SEC. 107. AMENDMENT TO THE RULES OF THE HOUSE OF REPRESENTATIVES.

    Rule XXIV of the House of Representatives is amended by adding at 
the end the following:
    ``9 No bill, resolution, or amendment which creates a requirement 
of general applicability but which exempts the Congress of the United 
States from its provisions may be considered except by a vote of three-
fifths of the Members duly chosen and sworn.''.

SEC. 108. DEFINITIONS.

    For purposes of this title:
            (1) The term ``congressional employer'' means--
                    (A) a supervisor as described in paragraph 12 of 
                Rule XXXVII of the Standing Rules of the Senate,
                    (B)(i) a Member of the House of Representatives 
                with respect to the administrative, clerical, and other 
                assistants of a Member,
                    (ii) a Member who is the chairman of a committee 
                with respect to the professional, clerical, and other 
                assistants to the committee,
                    (iii) the ranking minority Member of a committee 
                with respect to the minority staff members of the 
                committee,
                    (iv) a Member who is the chairman of a subcommittee 
                which has its own staff and financial authorization 
                with respect to the professional, clerical, and other 
                assistants to the subcommittee,
                    (v) the ranking minority Member of a subcommittee 
                with respect to the minority staff members of the 
                subcommittee,
                    (vi) the majority and minority leaders of the House 
                of Representatives and the majority and minority whips 
                with respect to the research, clerical, and other 
                assistants to their respective offices, and
                    (vii) the other officers of the House of 
                Representatives with respect to the employees of such 
                officers,
                    (C) the Architect of the Capitol with respect to 
                the employees of the Architect of the Capitol,
                    (D) the Director of the Congressional Budget Office 
                with respect to the employees of such office,
                    (E) the Comptroller General with respect to the 
                employees of the General Accounting Office,
                    (F) the Public Printer with respect to the 
                employees of the Government Printing Office,
                    (G) the Librarian of Congress with respect to 
                employees of the Library of Congress,
                    (H) the Director of the Office of Technology 
                Assessment with respect to employees of such office, 
                and
                    (I) the Director of the United States Botanic 
                Gardens with respect to the employees of such gardens.
            (2) The term ``congressional employee'' means an employee 
        who is employed by, or an applicant for employment with, a 
        congressional employer.
            (3) The term ``similarly situated complaining party'' 
        means--
                    (A) in the case of a party seeking to enforce a 
                provision with a separate enforcement mechanism for 
                governmental complaining parties, a governmental 
                complaining party, or
                    (B) in the case of a party seeking to enforce a 
                provision with no such separate mechanism, a 
                complaining party.

SEC. 109. EFFECTIVE DATE.

    This title shall take effect 120 days after the date of its 
enactment.

                 TITLE II--OTHER CONGRESSIONAL REFORMS

SEC. 201. APPLICATION OF THE FREEDOM OF INFORMATION ACT.

    (a) In General.--The provisions of section 552 of title 5, United 
States Code, commonly known as the Freedom of Information Act, shall 
apply to the Congress.
    (b) Office.--The Congress shall establish an office, to be known as 
the ``Freedom of Information Access Office'', in order to assure that 
Members of Congress comply with the provisions of law referred to in 
subsection (a).

SEC. 202. HEALTH CARE REFORMS TO BE APPLICABLE TO THE CONGRESS.

    It is the sense of the Congress that any law enacted pertaining to 
the reform of our Nation's health care system should apply to Members 
of Congress.

SEC. 203. LIMIT ON CONGRESSIONAL APPROPRIATIONS.

    The total of amounts appropriated for the legislative branch of the 
Government for fiscal year 1995 may not exceed the total of amounts 
appropriated for the legislative branch of the Government for fiscal 
year 1994.

SEC. 204. PROHIBITION OF FREE PARKING FOR THE CONGRESS.

    Each Member of Congress and each employee of the Congress shall pay 
for parking on the Capitol grounds and parking at any other location 
provided by the Government, in the same amount as officers and 
employees of the executive branch of the Government pay for similar 
parking.

SEC. 205. TRAVEL GUIDELINES PROVISION.

    Official travel performed by Members and employees of the Congress 
shall be subject to the same guidelines, as to mode and cost of travel, 
as are applicable to the executive branch of the Government.

SEC. 206. BARBER SHOPS AND BEAUTY SHOPS TO BE OPERATED UNDER CONTRACT.

    Any barber shop or beauty shop on the Capitol grounds shall be 
operated by contract with a private sector entity.

SEC. 207. PROHIBITION OF EMPLOYMENT OF ELEVATOR OPERATORS.

    No elevator operator may be employed for any elevator in the 
Capitol, any House of Representatives office building, or any Senate 
office building.

SEC. 208. OFFICE MOVES TO BE PAID FROM OFFICIAL ALLOWANCES.

    The cost of each office move for a Member of Congress shall be paid 
from an official allowance made available to the Member.

SEC. 209. PROHIBITION OF PREFERENTIAL AIRPORT PARKING.

    No Member of Congress or employee of the Congress may use 
preferential parking at any airport.

SEC. 210. GIFT AND TICKET PROHIBITION.

    No Member of Congress or employee of the Congress may accept any 
gift or ticket from a person who is required to register under the 
Federal Regulation of Lobbying Act (2 U.S.C. 261, et seq.).

SEC. 211. TREATMENT AND REVIEW OF CONGRESSIONAL EXPENSE ACCOUNTS.

    The expense accounts of Members and employees of the Congress shall 
be subject to the same treatment and review as are applicable to the 
executive branch of the Government.

SEC. 212. ANNUITY PROVISION.

    The annuities and other retirement benefits of Members and 
employees of the Congress shall be the same as the annuities and other 
retirement benefits that are available with respect to the executive 
branch of the Government.

SEC. 213. NO LIMOUSINE SERVICE FOR THE CONGRESS.

    No Member of Congress or employee of the Congress may use any 
limousine service that is paid for from official funds.

SEC. 214. PROHIBITION OF PROXY VOTING IN COMMITTEES OF THE HOUSE OF 
              REPRESENTATIVES.

    Clause 2(f) of rule XI of the Rules of the House of Representatives 
is amended to read as follows:
    ``(f) No vote by any member of any committee or subcommittee with 
respect to any measure may be cast by proxy.''.

SEC. 215. HOUSE OF REPRESENTATIVES COMMITTEE AND SUBCOMMITTEE 
              ATTENDANCE AND VOTING RECORDS TO BE AVAILABLE TO THE 
              PUBLIC.

    Clause 2(e)(2) of rule XI of the Rules of the House of 
Representatives is amended by adding at the end the following new 
sentence: ``All committee and subcommittee attendance and voting 
records shall be made available to the public.''.

SEC. 216. PROHIBITION OF PURCHASE OF CALENDARS FOR THE CONGRESS.

    Appropriated funds may not be used to purchase United States 
Capitol Historical Society calendars for the Congress.

SEC. 217. PROHIBITION OF SPECIAL SERVICES FOR MEMBERS AND EMPLOYEES OF 
              THE CONGRESS.

    No Federal, State, or local department or agency may provide any 
service or assistance for a Member or employee of the Congress that is 
not provided for all citizens. The preceding sentence does not apply in 
the case of assistance in support of the constituent or legislative 
responsibilities of a Member or employee of the Congress.

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