I

103D CONGRESS

2D SESSION H. R. 4850

To require Congress to comply with the laws it imposes on others.

IN THE HOUSE OF REPRESENTATIVES

JULY 28, 1994

Mr. ISTOOK (for himself and Mr. INHOFE) introduced the following bill; which

was referred jointly to the Committees on House Administration, Education and Labor, the Judiciary, Government Operations, and Rules

A BILL

To require Congress to comply with the laws it imposes

on others.

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

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Equity for Congress

5 Act’’.

6 SEC. 2. COVERAGE OF CONGRESS AND PRESIDENTIAL

7 APPOINTEES.

8 (a) APPLICATION.—

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

10 provided pursuant to this Act and the provisions of
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1 law specified in paragraph (2) shall apply with re2 spect to employment by the Congress.

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

4 shall apply with respect to employment by Congress

5 are—

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

7 1964 (42 U.S.C. 2000e et seq.),

8 (B) the Age Discrimination in Employment

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

10 (C) the National Labor Relations Act (29

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

12 (D) section 1977 of the Revised Statutes

13 (42 U.S.C. 1981),

14 (E) section 1977A of the Revised Statutes

15 (42 U.S.C. 1981a),

16 (F) the Fair Labor Standards Act of 1938

17 (29 U.S.C. 201 et seq.),

18 (G) the Occupational Safety and Health

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

20 (H) the Family and Medical Leave Act of

21 1993.

22 (b) ENFORCEMENT BY ADMINISTRATIVE ACTION.—

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

24 including a class or organization on behalf of a con25 gressional employee, may bring an administrative ac-
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1 tion in accordance with paragraph (2) before an ad2 ministrative agency to enforce the application of a

3 law set out in subsection (a)(2) by the Congress or

4 the congressional employer of such employee, to such

5 employee if a similarly situated complaining party

6 may bring such an action before such agency.

7 (2) REQUIREMENTS.—An administrative action

8 described in paragraph (1) shall be commenced in

9 accordance with the statutory and procedural re10 quirements of the law which is sought to be en11 forced.

12 (3) ADMINISTRATIVE ACTION.—An administra13 tive agency before which is brought an action de14 scribed in paragraph (1) may take such action

15 against Congress or the congressional employer cited

16 in the action as the agency could take an action

17 brought by a similarly situated complaining party.

18 (c) ENFORCEMENT BY CIVIL ACTION.—

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

20 including a class or organization acting on behalf of

21 a congressional employee, may bring a civil action to

22 enforce a provision of law set out in subsection

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

24 against the Congress or the congressional employer
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1 of such employee if a similarly situated complaining

2 party could bring such a civil action.

3 (2) REQUIREMENTS.—A civil action described

4 in paragraph (1) shall be commenced in accordance

5 with the statutory and procedural requirements of

6 the law which is sought to be enforced.

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

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

9 in subsection (a)(2) in any court of competent juris10 diction in which a similarly situated complaining

11 party may otherwise bring civil action to enforce

12 such provision.

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

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

15 in subsection (a)(2), the court—

16 (A) may grant as relief against the Con17 gress or congressional employer any equitable

18 relief otherwise available to a similarly situated

19 complaining party bringing a civil action to en20 force the provision;

21 (B) may grant as relief against Congress

22 any damages that would otherwise be available

23 to such a complaining party; and

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

25 allowed in such an action by such a party.
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1 SEC. 3. MATTERS OTHER THAN EMPLOYMENT.

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

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

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

5 protections provided under such Act shall apply with re6 spect to the conduct of the Congress regarding matters

7 other than employment.

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

9 person may—

10 (1) bring an administrative action described in

11 subsection 2(b), or

12 (2) bring a civil action described in section 2(c).

13 SEC. 4. INFORMATION.

14 (a) APPLICATION.—The rights and protections pro15 vided pursuant to section 552a of title 5, United States

16 Code, shall apply with respect to information in the pos17 session of the Congress.

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

19 person may—

20 (1) bring an administrative action described in

21 section 2(b), or

22 (2) bring a civil action described in section 2(c),

23 against Congress or a congressional employer in pos24 session of information.
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1 SEC. 5. INDEPENDENT COUNSEL.

2 (a) APPLICATION.—(1) The rights and protections

3 provided pursuant to chapter 40 of title 28, United States

4 Code, shall apply with respect to investigation of congres5 sional improprieties.

6 (2) ENFORCEMENT.—To enforce subsection (a), any

7 person may—

8 (A) bring an administrative action described in

9 section 2(b), or

10 (B) bring a civil action described in section

11 2(c), against any party with a duty under such

12 chapter 40.

13 SEC. 6. AMENDMENTS TO THE RULES OF THE SENATE.

14 Rule XIV of the Standing Rules of the Senate is

15 amended by adding at the appropriate place the following:

16 ‘‘No bill, resolution, or amendment which creates a re17 quirement of general applicability but which exempts the

18 Congress of the United States from its provisions may be

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

20 chosen and sworn.’’.

21 SEC. 7. AMENDMENT TO THE RULES OF THE HOUSE OF

22 REPRESENTATIVES.

23 Rule XXIV of the House of Representatives is

24 amended by adding at the end the following:

25 ‘‘(9) No bill, resolution, or amendment which creates

26 a requirement of general applicability but which exempts
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1 the Congress of the United States from its provisions may

2 be considered except by a vote of three-fifths of the Mem3 bers duly chosen and sworn.’’.

4 SEC. 8. DEFINITIONS.

5 For the purposes of this Act:

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

7 means—

8 (A) a supervisor as described in paragraph

9 12 of Rule XXXVII of the Rules of the Senate,

10 (B)(i) a Member of the House of Rep11 resentatives with respect to the administrative,

12 clerical, and other assistants of a Member,

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

14 committee with respect to the professional, cler15 ical and other assistants to the committee,

16 (iii) the ranking minority member of a

17 committee with respect to the minority staff

18 members of the committee,

19 (iv) a member who is the chairman of a

20 subcommittee which has its own staff and fi21 nancial authorization with respect to the profes22 sional, clerical, and other assistants to the sub23 committee,
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1 (v) the ranking minority member of a sub2 committee with respect to the minority staff

3 members of the subcommittee,

4 (vi) the Majority and Minority Leaders of

5 the House of Representatives and the Majority

6 and Minority Whips with respect to the re7 search, clerical, and other assistants to their re8 spective offices, and

9 (vii) the other officers of the House of

10 Representatives with respect to the employees

11 of such officers,

12 (C) the Architect of the Capitol with re13 spect to the employees of the Architect of the

14 Capitol,

15 (D) the Director of the Congressional

16 Budget Office with respect to the employees of

17 such office,

18 (E) the Comptroller General with respect

19 to the employees of the General Accounting Of20 fice,

21 (F) the Public Printer with respect to the

22 employees of the Government Printing Office,

23 (G) the Librarian of Congress with respect

24 to the employees of the Library of Congress,
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1 (H) the Director of the Office of Tech2 nology Assessment with respect to employees of

3 such office, and

4 (I) the Director of the United States Bo5 tanic Gardens with respect to the employees of

6 such gardens.

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

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

9 employment with, a congressional employer.

10 (3) The term ‘‘similarly situated complaining

11 party’’ means—

12 (A) in the case of a party seeking to en13 force a provision with a separate enforcement

14 mechanism for governmental complaining par15 ties, a governmental complaining party, or

16 (B) in the case of a party seeking to en17 force a provision with no such separate mecha18 nism, a complaining party.

19 SEC. 9. INDEMNIFICATION.

20 The House of Representatives and the Senate are au21 thorized to promulgate regulations governing the indem22 nification of congressional employers for damages or equi23 table liability assessed against such employer under sec24 tion 2 for conduct not within the control of such employer.
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1 SEC. 10. EFFECTIVE DATE.

2 This Act shall take effect one hundred and twenty

3 days after the date of its enactment.

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