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, Edu-
cation and Labor, the Judiciary, Government Operations, and Rules
A BILL
To require Congress to comply with the laws it imposes
on others.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Equity for Congress
Act’’.
SEC. 2. COVERAGE OF CONGRESS AND PRESIDENTIAL
APPOINTEES.
(a) APPLICATION.—
(1) IN GENERAL.—The rights and protections
provided pursuant to this Act and the provisions of
law specified in paragraph (2) shall apply with re-
spect 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
(42 U.S.C. 1981),
(E) section 1977A of the Revised Statutes
(42 U.S.C. 1981a),
(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.
(b) ENFORCEMENT BY ADMINISTRATIVE ACTION.—
(1) IN
GENERAL.—A congressional employee,
including a class or organization on behalf of a con-
gressional employee, may bring an administrative ac-
tion in accordance with paragraph (2) before an ad-
ministrative 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 re-
quirements of the law which is sought to be en-
forced.
(3) ADMINISTRATIVE ACTION.—An administra-
tive agency before which is brought an action de-
scribed in paragraph (1) may take such action
against Congress or the congressional employer cited
in the action as the agency could take 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 juris-
diction in which a similarly situated complaining
party may otherwise bring 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 Con-
gress or congressional employer any equitable
relief otherwise available to a similarly situated
complaining party bringing a civil action to en-
force the provision;
(B) may grant as relief against 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.