I
103D CONGRESS
1ST SESSION
H. R. 2099
To require the Congress to comply with the laws which it requires others
to comply with.
IN THE HOUSE OF REPRESENTATIVES
MAY 12, 1993
Mr. KLINK (for himself, Mr. MCHALE, Mr. MCMILLAN, Mr. MINGE, Mr.
BARRETT of Wisconsin, Mr. BAESLER, Mr. HOLDEN, Ms. SCHENK, Mr.
INGLIS of South Carolina, Mr. GOSS, Mr. BACHUS of Alabama, Mr.
MANN, Mr. LEVY, Mr. EVERETT, and Mr. KREIDLER) introduced the fol-
lowing bill; which was referred jointly to the Committees on House Ad-
ministration, Education and Labor, Government Operations, the Judici-
ary, Rules, and Public Works and Transportation
A BILL
To require the Congress to comply with the laws which
it requires others to comply with.
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 IN MATTERS INVOLVING
EMPLOYMENT.
(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. 1881),
(E) section 1977A of the Revised Statutes
(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.
(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 administra-
tive 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 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 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 juris-
diction 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 Con-
gress or congressional employer any equitable
relief otherwise available to a similarly situated
complaining party bringing a civil action to en-
force such provision,
(B) may grant as relief against the Con-
gress 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. 3. 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 re-
spect to the conduct of the Congress regarding matters
other than employment.
(b) ENFORCEMENT.—To enforce paragraph (1), any
person may—
(1) bring an administrative action described in
section 2(b), or
(2) a civil action described in section 2(c).
SEC. 4. INFORMATION.
(a) APPLICATION.—The rights and protections pro-
vided 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—
(1) bring an administrative action described in
section 2(b), or
(2) a civil action described in section 2(c),
against Congress or a congressional employer in posses-
sion of information.
SEC. 5. INDEPENDENT COUNSEL.
(a) APPLICATION.—The rights and protections pro-
vided pursuant to chapter 40 of title 28, United States
Code, shall apply with respect to investigations of congres-
sional improprieties.
(b) ENFORCEMENT.—To enforce subsection (a), any
person may—
(1) bring an administrative action described in
section 2(b), or
(2) a civil action described in section 2(c),
against any party with a duty under such chapter 40.
SEC. 6. AMENDMENT TO THE 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 re-
quirement 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. 7. 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: