I

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 TITLE I—CONGRESSIONAL COM4 PLIANCE WITH CERTAIN GEN5 ERALLY APPLICABLE LAWS

6 SECTION 101. SHORT TITLE.

7 This title may be cited as the ‘‘Equity for Congress

8 Act’’.
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1 SEC. 102. COVERAGE OF CONGRESS IN MATTERS INVOLV2 ING EMPLOYMENT.

3 (a) APPLICATION.—

4 (1) IN GENERAL.—The rights and protections

5 provided pursuant to this title and the provisions of

6 law specified in paragraph (2) shall apply with re7 spect to employment by the Congress.

8 (2) PROVISIONS.—The provisions of law that

9 shall apply with respect to employment by Congress

10 are—

11 (A) title VII of the Civil Rights Act of

12 1964 (42 U.S.C. 2000e et seq.),

13 (B) the Age Discrimination in Employment

14 Act of 1967 (29 U.S.C. 621 et seq.),

15 (C) the National Labor Relations Act (29

16 U.S.C. 151 et seq.),

17 (D) section 1977 of the Revised Statutes

18 of the United States (42 U.S.C. 1881),

19 (E) section 1977A of the Revised Statutes

20 of the United States (42 U.S.C. 1881a),

21 (F) the Fair Labor Standards Act of 1938

22 (29 U.S.C. 201 et seq.),

23 (G) the Occupational Safety and Health

24 Act of 1970 (29 U.S.C. 651 et seq.), and

25 (H) the Family and Medical Leave Act of

26 1993 (29 U.S.C. 2601 et seq.).
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1 (b) ENFORCEMENT BY ADMINISTRATIVE ACTION.—

2 (1) IN GENERAL.—A congressional employee,

3 including a class or organization acting on behalf of

4 a congressional employee, may bring an administra5 tive action in accordance with paragraph (2) before

6 an administrative agency to enforce the application

7 of a law set out in subsection (a)(2) by the Congress

8 or the congressional employer of such employee to

9 such employee if a similarly situated complaining

10 party may bring such an action before such agency.

11 (2) REQUIREMENTS.—An administrative action

12 described in paragraph (1) shall be commenced in

13 accordance with the statutory and procedural re14 quirements of the law which is sought to be en15 forced.

16 (3) ADMINISTRATIVE ACTION.—An administra17 tive agency before which is brought an action de18 scribed in paragraph (1) may take such action

19 against the Congress or congressional employer sited

20 in the action as the agency could take in an action

21 brought by a similarly situated complaining party.

22 (c) ENFORCEMENT BY CIVIL ACTION.—

23 (1) IN GENERAL.—A congressional employee,

24 including a class or organization acting on behalf of

25 a congressional employee, may bring a civil action to
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1 enforce a provision of law set out in subsection

2 (a)(2) in a court authorized by paragraph (3)

3 against the Congress or the congressional employer

4 of such employee if a similarly situated complaining

5 party could bring such a civil action.

6 (2) REQUIREMENTS.—A civil action described

7 in paragraph (1) shall be commenced in accordance

8 with the statutory and procedural requirements of

9 the law which is sought to be enforced.

10 (3) VENUE.—An action may be brought under

11 paragraph (1) to enforce a provision of law set out

12 in subsection (a)(2) in any court of competent juris13 diction in which a similarly situated complaining

14 party may otherwise bring a civil action to enforce

15 such provision.

16 (4) RELIEF.—In any civil action brought under

17 paragraph (1) to enforce a provision of law set out

18 in subsection (a)(2), the court—

19 (A) may grant as relief against the Con20 gress or congressional employer any equitable

21 relief otherwise available to a similarly situated

22 complaining party bringing a civil action to en23 force such provision,
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1 (B) may grant as relief against the Con2 gress any damages that would otherwise be

3 available to such a complaining party, and

4 (C) allow such fees and costs as would be

5 allowed in such an action by such a party.

6 SEC. 103. MATTERS OTHER THAN EMPLOYMENT.

7 (a) RIGHTS AND PROTECTIONS.—In accordance with

8 paragraph (6) of section 509(a) of the Americans with

9 Disabilities Act of 1990 (42 U.S.C. 12209), the rights and

10 protections provided under such Act shall apply with re11 spect to the conduct of the Congress regarding matters

12 other than employment.

13 (b) ENFORCEMENT.—To enforce paragraph (1), any

14 person may bring—

15 (1) an administrative action described in section

16 102(b), or

17 (2) a civil action described in section 102(c).

18 SEC. 104. INFORMATION.

19 (a) APPLICATION.—The rights and protections pro20 vided under section 552a of title 5, United States Code,

21 shall apply with respect to information in the possession

22 of the Congress.

23 (b) ENFORCEMENT.—To enforce subsection (a), any

24 person may bring—
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1 (1) an administrative action described in section

2 102(b), or

3 (2) a civil action described in section 102(c),

4 against the Congress or a congressional employer in pos5 session of information.

6 SEC. 105. INDEPENDENT COUNSEL.

7 (a) APPLICATION.—The rights and protections pro8 vided pursuant to chapter 40 of title 28, United States

9 Code, shall apply with respect to investigations of congres10 sional improprieties.

11 (b) ENFORCEMENT.—To enforce subsection (a), any

12 person may bring—

13 (1) an administrative action described in section

14 102(b), or

15 (2) a civil action described in section 102(c),

16 against any party with a duty under such chapter 40.

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

18 SENATE.

19 Rule XIV of the Standing Rules of the Senate is

20 amended by adding at the appropriate place the following:

21 ‘‘No bill, resolution, or amendment which creates a re22 quirement of general applicability but which exempts the

23 Congress of the United States from its provisions may be

24 considered except by a vote of three-fifths of Senators duly

25 chosen and sworn.’’.
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1 SEC. 107. AMENDMENT TO THE RULES OF THE HOUSE OF

2 REPRESENTATIVES.

3 Rule XXIV of the House of Representatives is

4 amended by adding at the end the following:

5 ‘‘9 No bill, resolution, or amendment which creates

6 a requirement of general applicability but which exempts

7 the Congress of the United States from its provisions may

8 be considered except by a vote of three-fifths of the Mem9 bers duly chosen and sworn.’’.

10 SEC. 108. DEFINITIONS.

11 For purposes of this title:

12 (1) The term ‘‘congressional employer’’

13 means—

14 (A) a supervisor as described in paragraph

15 12 of Rule XXXVII of the Standing Rules of

16 the Senate,

17 (B)(i) a Member of the House of Rep18 resentatives with respect to the administrative,

19 clerical, and other assistants of a Member,

20 (ii) a Member who is the chairman of a

21 committee with respect to the professional, cler22 ical, and other assistants to the committee,

23 (iii) the ranking minority Member of a

24 committee with respect to the minority staff

25 members of the committee,
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1 (iv) a Member who is the chairman of a

2 subcommittee which has its own staff and fi3 nancial authorization with respect to the profes4 sional, clerical, and other assistants to the sub5 committee,

6 (v) the ranking minority Member of a sub7 committee with respect to the minority staff

8 members of the subcommittee,

9 (vi) the majority and minority leaders of

10 the House of Representatives and the majority

11 and minority whips with respect to the re12 search, clerical, and other assistants to their re13 spective offices, and

14 (vii) the other officers of the House of

15 Representatives with respect to the employees

16 of such officers,

17 (C) the Architect of the Capitol with re18 spect to the employees of the Architect of the

19 Capitol,

20 (D) the Director of the Congressional

21 Budget Office with respect to the employees of

22 such office,

23 (E) the Comptroller General with respect

24 to the employees of the General Accounting Of25 fice,
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1 (F) the Public Printer with respect to the

2 employees of the Government Printing Office,

3 (G) the Librarian of Congress with respect

4 to employees of the Library of Congress,

5 (H) the Director of the Office of Tech6 nology Assessment with respect to employees of

7 such office, and

8 (I) the Director of the United States Bo9 tanic Gardens with respect to the employees of

10 such gardens.

11 (2) The term ‘‘congressional employee’’ means

12 an employee who is employed by, or an applicant for

13 employment with, a congressional employer.

14 (3) The term ‘‘similarly situated complaining

15 party’’ means—

16 (A) in the case of a party seeking to en17 force a provision with a separate enforcement

18 mechanism for governmental complaining par19 ties, a governmental complaining party, or

20 (B) in the case of a party seeking to en21 force a provision with no such separate mecha22 nism, a complaining party.

23 SEC. 109. EFFECTIVE DATE.

24 This title shall take effect 120 days after the date

25 of its enactment.
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1 TITLE II—OTHER

2 CONGRESSIONAL REFORMS

3 SEC. 201. APPLICATION OF THE FREEDOM OF INFORMA4 TION ACT.

5 (a) IN GENERAL.—The provisions of section 552 of

6 title 5, United States Code, commonly known as the Free7 dom of Information Act, shall apply to the Congress.

8 (b) OFFICE.—The Congress shall establish an office,

9 to be known as the ‘‘Freedom of Information Access Of10 fice’’, in order to assure that Members of Congress comply

11 with the provisions of law referred to in subsection (a).

12 SEC. 202. HEALTH CARE REFORMS TO BE APPLICABLE TO

13 THE CONGRESS.

14 It is the sense of the Congress that any law enacted

15 pertaining to the reform of our Nation’s health care sys16 tem should apply to Members of Congress.

17 SEC. 203. LIMIT ON CONGRESSIONAL APPROPRIATIONS.

18 The total of amounts appropriated for the legislative

19 branch of the Government for fiscal year 1995 may not

20 exceed the total of amounts appropriated for the legislative

21 branch of the Government for fiscal year 1994.

22 SEC. 204. PROHIBITION OF FREE PARKING FOR THE CON23 GRESS.

24 Each Member of Congress and each employee of the

25 Congress shall pay for parking on the Capitol grounds and
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1 parking at any other location provided by the Government,

2 in the same amount as officers and employees of the exec3 utive branch of the Government pay for similar parking.

4 SEC. 205. TRAVEL GUIDELINES PROVISION.

5 Official travel performed by Members and employees

6 of the Congress shall be subject to the same guidelines,

7 as to mode and cost of travel, as are applicable to the

8 executive branch of the Government.

9 SEC. 206. BARBER SHOPS AND BEAUTY SHOPS TO BE OPER10 ATED UNDER CONTRACT.

11 Any barber shop or beauty shop on the Capitol

12 grounds shall be operated by contract with a private sector

13 entity.

14 SEC. 207. PROHIBITION OF EMPLOYMENT OF ELEVATOR

15 OPERATORS.

16 No elevator operator may be employed for any eleva17 tor in the Capitol, any House of Representatives office

18 building, or any Senate office building.

19 SEC. 208. OFFICE MOVES TO BE PAID FROM OFFICIAL AL20 LOWANCES.

21 The cost of each office move for a Member of Con22 gress shall be paid from an official allowance made avail23 able to the Member.
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1 SEC. 209. PROHIBITION OF PREFERENTIAL AIRPORT PARK2 ING.

3 No Member of Congress or employee of the Congress

4 may use preferential parking at any airport.

5 SEC. 210. GIFT AND TICKET PROHIBITION.

6 No Member of Congress or employee of the Congress

7 may accept any gift or ticket from a person who is re8 quired to register under the Federal Regulation of Lobby9 ing Act (2 U.S.C. 261, et seq.).

10 SEC. 211. TREATMENT AND REVIEW OF CONGRESSIONAL

11 EXPENSE ACCOUNTS.

12 The expense accounts of Members and employees of

13 the Congress shall be subject to the same treatment and

14 review as are applicable to the executive branch of the

15 Government.

16 SEC. 212. ANNUITY PROVISION.

17 The annuities and other retirement benefits of Mem18 bers and employees of the Congress shall be the same as

19 the annuities and other retirement benefits that are avail20 able with respect to the executive branch of the Govern21 ment.

22 SEC. 213. NO LIMOUSINE SERVICE FOR THE CONGRESS.

23 No Member of Congress or employee of the Congress

24 may use any limousine service that is paid for from official

25 funds.
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1 SEC. 214. PROHIBITION OF PROXY VOTING IN COMMITTEES

2 OF THE HOUSE OF REPRESENTATIVES.

3 Clause 2(f) of rule XI of the Rules of the House of

4 Representatives is amended to read as follows:

5 ‘‘(f) No vote by any member of any committee or sub6 committee with respect to any measure may be cast by

7 proxy.’’.

8 SEC. 215. HOUSE OF REPRESENTATIVES COMMITTEE AND

9 SUBCOMMITTEE ATTENDANCE AND VOTING

10 RECORDS TO BE AVAILABLE TO THE PUBLIC.

11 Clause 2(e)(2) of rule XI of the Rules of the House

12 of Representatives is amended by adding at the end the

13 following new sentence: ‘‘All committee and subcommittee

14 attendance and voting records shall be made available to

15 the public.’’.

16 SEC. 216. PROHIBITION OF PURCHASE OF CALENDARS FOR

17 THE CONGRESS.

18 Appropriated funds may not be used to purchase

19 United States Capitol Historical Society calendars for the

20 Congress.

21 SEC. 217. PROHIBITION OF SPECIAL SERVICES FOR MEM22 BERS AND EMPLOYEES OF THE CONGRESS.

23 No Federal, State, or local department or agency may

24 provide any service or assistance for a Member or em25 ployee of the Congress that is not provided for all citizens.

26 The preceding sentence does not apply in the case of as-
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1 sistance in support of the constituent or legislative respon2 sibilities of a Member or employee of the Congress.

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