I
103D CONGRESS
1ST SESSION
H. R. 246
To make applicable to the Congress certain laws relating to the terms and
conditions of employment, the health and safety of employees, and the
rights and responsibilities of employers and employees, and for other
purposes.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 5, 1993
Mr. MCCANDLESS introduced the following bill; which was referred jointly to
the Committees on Education and Labor, Government Operations, House
Administration, the Judiciary, Rules, and Ways and Means
A BILL
To make applicable to the Congress certain laws relating
to the terms and conditions of employment, the health
and safety of employees, and the rights and responsibil-
ities of employers and employees, and for other purposes.
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 ‘‘Congressional Ac-
countability Act’’.
SEC. 2. APPLICATION.
(a) GENERAL RULE.—Notwithstanding any other
provision of law, the laws specified in subsection (b) shall,
to the extent that they relate to the terms and conditions
of employment (including hiring, promotion or demotion,
salary, benefits, work assignments or reassignments, over-
time, and termination), the health and safety of employ-
ees, and the rights and responsibilities of employers and
employees, apply to the Congress in the same manner and
to the same extent as they apply—
(1) in the case of a private person, to such a
person; and
(2) in the case of an Executive agency (as de-
fined by section 105 of title 5, United States Code),
to such an agency.
(b) LAWS MADE APPLICABLE TO CONGRESS BY THIS
ACT.—The laws referred to in subsection (a) are the
following:
(1) Social Security Act (42 U.S.C. 301 et seq.).
(2) National Labor Relations Act (29 U.S.C.
151 et seq.).
(3) Fair Labor Standards Act of 1938 (29
U.S.C. 201 et seq.).
(4) Civil Rights Act of 1964.
(5) Age Discrimination in Employment Act of
1967 (29 U.S.C. 621 et seq.).
(6) Occupational Safety and Health Act of
1970 (29 U.S.C. 651 et seq.).
(7) Title IX of the Education Amendments of
1972.
(8) Rehabilitation Act of 1973 (29 U.S.C. 701
et seq.).
(9) Privacy Act of 1974 (5 U.S.C. 552a, 552a
note).
(10) Age Discrimination Act of 1975 (42
U.S.C. 6101 et seq.).
(11) Ethics in Government Act of 1978.
(12) Americans with Disabilities Act of 1990.
(c) APPLICATION OF THE FREEDOM OF INFORMA-
TION ACT.—The Congress, and the instrumentalities of
Congress, shall be subject to section 552 of title 5, United
States Code (commonly referred to as the ‘‘Freedom of
Information Act’’) to the same extent that Executive agen-
cies (as defined by section 105 of title 5, United States
Code) are subject to such section 552.
(d) APPLICATION OF INDEPENDENT COUNSEL PRO-
VISIONS.—Chapter 40 of title 28, United States Code (re-
lating to independent counsel), shall apply to the Con-
gress, such that the individuals referred to in subsection
(e) (1), (2), (3), (6), and (7) of this Act shall be deemed
to be included in section 591(b) of title 28, United States
Code.
(e) INDIVIDUALS COVERED BY ACT.—This Act shall
apply to the following individuals:
(1) A Senator or Representative in, or Resident
Commissioner or Delegate to, the Congress (here-
after in this Act referred to as ‘‘Members’’).
(2) An employee of either House of Congress,
of a committee of either House, or a joint committee
of the two Houses.
(3) An elected officer of either House who is
not a Member.
(4) The Legislative Counsel of either House
and an employee of the Legislative Counsel.
(5) A member of the Capitol Police.
(6) An employee of a Member if the pay of the
employee is paid by the Secretary of the Senate or
the Clerk of the House of Representatives.
(7) An employee of the instrumentalities of
Congress, including the Congressional Research
Service, the Office of Technology Assessment, the
General Accounting Office, the Office of the Archi-
tect of the Capitol, the Botanic Gardens, the Gov-
ernment Printing Office, the Library of Congress,
the Congressional Budget Office, and the Copyright
Royalty Tribunal.
(f) EMPLOYEES IN THE DISTRICT OR STATE OFFICE
OF A MEMBER.—For the purposes of determining whether
the individuals employed in the district or State office of
a Member are subject to the laws set forth in section 2,
the district or State office shall be treated as if it were
an affiliated branch of a private employer under the laws
in section 2.
(g) PLACE OF RESIDENCE AND POLITICAL AFFILI-
ATION.—Notwithstanding the laws set forth in section 2,
a Member may consider the political affiliation and place
of residence of an individual seeking employment on the
personal staff of that Member.
(h) CONFORMING AMENDMENT.—Section 509 of the
Americans with Disabilities Act of 1990 (104 Stat. 373)
is repealed.
(i) APPLICATION OF SMALL BUSINESS EXEMPTION
TO MEMBERS.—To the extent that a law referred to in
section 2 contains an exemption for a small business, such
an exemption shall apply to a Member if the aggregate
number of employees of the Member and employees attrib-
utable to the Member does not exceed the number of em-
ployees necessary to qualify as a small business under the
exemption. For the purpose of this subsection, the number
of employees attributable to a Member equals the result
of the sum of the employees specified in subsection (e)
(2), (3), (4), (6), and (7) who work in the District of Co-
lumbia and are employed by the House in which that
Member sits, divided by the number of Members in that
House.
SEC. 3. PROMULGATION OF IMPLEMENTING REGULATIONS.
Not later than the 180-day period beginning on the
date of enactment of this Act, the House of Representa-
tives and the Senate shall each promulgate rules and regu-
lations to carry out this Act, including specifically imple-
menting each of the laws set forth in section 2. Such rules
and regulations shall be consistent with Federal law. A
House of Congress that fails to promulgate such rules and
regulations within such time period shall be subject to the
regulations of the relevant Executive agency.
SEC. 4. RIGHT OF APPEAL.
If any individual referred to in section 2(e) is ag-
grieved by an action taken pursuant to this Act, such indi-
vidual may seek review of that action in a Federal district
court of competent jurisdiction and shall have the same
rights and remedies provided to private persons under the
laws referred to in section 2.
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