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103D CONGRESS

1ST SESSION H. R. 165

To apply laws relating to part-time career employees, fair labor standards,

and occupational safety and health to the Congress.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 5, 1993

Mr. DUNCAN introduced the following bill; which was referred jointly to the

Committees on House Administration, Education and Labor, and Post

Office and Civil Service

A BILL

To apply laws relating to part-time career employees, fair

labor standards, and occupational safety and health to

the Congress.

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 ‘‘Congressional Reform

5 and Compliance Act of 1992’’.

6 SEC. 2. APPLICATION OF LAWS RELATING TO PART-TIME

7 CAREER EMPLOYEES.

8 Notwithstanding any other provision of law, sections

9 3401 through 3408 of title 5, United States Code, shall
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1 apply to the House of Representatives, the Senate, and

2 the Instrumentalities of the Congress in the same manner

3 and to the same extent as they apply to agencies.

4 SEC. 3. APPLICATION OF LAWS RELATING TO LABOR

5 STANDARDS AND OCCUPATIONAL SAFETY

6 AND HEALTH.

7 (a) IN GENERAL.—Notwithstanding any other provi8 sion of law, the provisions of the Fair Labor Standards

9 Act of 1938 (29 U.S.C. 201 et seq.) and the Occupational

10 Safety and Health Act of 1970 (29 U.S.C. 651 et seq.)

11 shall, to the extent that they relate to the terms and condi12 tions of employment (including hiring, promotion or demo13 tion, salary, benefits, work assignments or reassignments,

14 overtime, and termination), occupational safety and

15 health, and the rights and responsibilities of employers

16 and employees, apply with respect to the Senate, House

17 of Representatives, and Instrumentalities of the Congress

18 in the same manner and to the same extent as they apply

19 with respect to a private person.

20 (b) RIGHT OF APPEAL.—If an individual referred to

21 in section 4 is aggrieved by a violation of the laws referred

22 to in subsection (a), such individual may, after exhausting

23 any procedures established pursuant to rules or regula24 tions promulgated under section 5, seek redress in a Fed25 eral district court of competent jurisdiction and shall have
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1 the same rights and remedies provided to private persons

2 under the laws referred to in subsection (a).

3 SEC. 4. INDIVIDUALS COVERED BY ACT.

4 This Act shall apply to the following individuals:

5 (1) A Senator or Representative in, or Resident

6 Commissioner or Delegate to, the Congress, for pur7 poses of section 3.

8 (2) An employee or officer of either House of

9 Congress, of a committee of either House, or a joint

10 committee of the two Houses.

11 (3) An employee of a Member if the pay of the

12 employee is paid by the Secretary of the Senate or

13 the Clerk of the House of Representatives.

14 (4) An employee of an Instrumentality of the

15 Congress.

16 SEC. 5. REGULATIONS.

17 (a) THE CONGRESS.—Not later than the 120-day pe18 riod beginning on the date of enactment of this Act, the

19 House of Representatives and the Senate shall each pro20 mulgate rules and regulations to carry out this Act as it

21 applies to the respective Houses. Such rules and regula22 tions shall be consistent with Federal law. If a House of

23 Congress fails to promulgate such rules and regulations

24 within such time period—
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1 (1) in the case of a failure to promulgate rules

2 and regulations to apply the Fair Labor Standards

3 Act of 1939 (29 U.S.C. 201 et seq.), the rules and

4 regulations promulgated by the Secretary of Labor

5 pertaining to such Act shall apply to such House;

6 (2) in the case of a failure to promulgate rules

7 and regulations to apply the Occupational Safety

8 and Health Act of 1970 (29 U.S.C. 651 et seq.), the

9 rules and regulations promulgated by the Secretary

10 of Labor pertaining to such Act shall apply to such

11 House; and

12 (3) in the case of a failure to promulgate rules

13 and regulations to apply sections 3401 through 3408

14 of title 5, United States Code, the Secretary of

15 Labor shall promulgate rules and regulations to

16 make such sections applicable to such House.

17 (b) INSTRUMENTALITIES OF THE CONGRESS.—Not

18 later than the 120-day period beginning on the date of

19 enactment of this Act, the head of each Instrumentality

20 of the Congress shall promulgate rules and regulations to

21 carry out this Act as it applies to such Instrumentality

22 of the Congress. Such rules and regulations shall be con23 sistent with Federal law. If an Instrumentality of the Con24 gress fails to promulgate such rules and regulations within

25 such time period—
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1 (1) in the case of a failure to promulgate rules

2 and regulations to apply the Fair Labor Standards

3 Act of 1939 (29 U.S.C. 201 et seq.), the rules and

4 regulations promulgated by the Secretary of Labor

5 pertaining to such Act shall apply to such Instru6 mentality of the Congress;

7 (2) in the case of a failure to promulgate rules

8 and regulations to apply the Occupational Safety

9 and Health Act of 1970 (29 U.S.C. 651 et seq.), the

10 rules and regulations promulgated by the Secretary

11 of Labor pertaining to such Act shall apply to such

12 Instrumentality of the Congress; and

13 (3) in the case of a failure to promulgate rules

14 and regulations to apply sections 3401 through 3408

15 of title 5, United States Code, the Secretary of

16 Labor shall promulgate rules and regulations to

17 make such sections applicable to such Instrumental18 ity of the Congress.

19 SEC. 6. DEFINITIONS.

20 For purposes of this Act, the term ‘‘Instrumentality

21 of the Congress’’ means the Congressional Research Serv22 ice, the Office of Technology Assessment, the General Ac23 counting Office, the Government Printing Office, the Con24 gressional Budget Office, the Copyright Royalty Tribunal,

25 and, for purposes of section 3, the term ‘‘Instrumentality
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1 of the Congress’’ also includes the Library of Congress,

2 the Botanic Garden, and the Architect of the Capitol.

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