[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 29 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                 S. 29

To fully apply the rights and protections of Federal law to employment 
                              by Congress.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

             January 21 (legislative day, January 5), 1993

  Mr. McCain introduced the following bill; which was read twice and 
           referred to the Committee on Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
To fully apply the rights and protections of Federal law to employment 
                              by Congress.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Omnibus Congressional Compliance Act 
of 1993''.

SEC. 2. COVERAGE OF CONGRESS.

    (a) Congressional Employment.--
            (1) Application.--
                    (A) In general.--The rights and protections 
                provided pursuant to the provisions specified in 
                subparagraph (B) shall apply with respect to employment 
                by Congress.
                    (B) Provisions.--The provisions that shall apply 
                with respect to employment by Congress shall be--
                            (i) the Civil Rights Act of 1964 (42 U.S.C. 
                        2000a et seq.);
                            (ii) the Americans with Disabilities Act of 
                        1990 (42 U.S.C. 12101 et seq.);
                            (iii) the Age Discrimination in Employment 
                        Act of 1967 (29 U.S.C. 621 et seq.);
                            (iv) the Rehabilitation Act of 1973 (29 
                        U.S.C. 701 et seq.);
                            (v) section 1977 of the Revised Statutes 
                        (42 U.S.C. 1981);
                            (vi) section 1977A of the Revised Statutes 
                        (42 U.S.C. 1981a);
                            (vii) the National Labor Relations Act (29 
                        U.S.C. 151 et seq.);
                            (viii) the Fair Labor Standards Act of 1938 
                        (29 U.S.C. 201 et seq.);
                            (ix) the Equal Pay Act of 1963 (29 U.S.C. 
                        206); and
                            (x) the Occupational Safety and Health Act 
                        of 1970 (29 U.S.C. 651 et seq.).
            (2) Enforcement by administrative action.--
                    (A) In general.--
                            (i) Right to bring action.--Notwithstanding 
                        any other provision of law, and subject to the 
                        limitations contained in this paragraph, a 
                        congressional employee or any person, including 
                        a class or organization on behalf of a 
                        congressional employee, may bring an 
                        administrative action to enforce a provision of 
                        law referred to in paragraph (1) against the 
                        House of Representatives or the Senate, as 
                        appropriate, or the congressional employer of 
                        the employee, if a similarly situated 
                        complaining party may bring such an action 
                        before an Executive agency, as defined in 
                        section 105 of title 5, United States Code.
                            (ii) Entity.--Such an action may be 
                        brought, as appropriate--
                                    (I) in the case of an employee of 
                                the House of Representatives, before a 
                                hearing panel of the Office of Fair 
                                Employment Practices of the House of 
                                Representatives, the Committee on House 
                                Administration of the House of 
                                Representatives, or such other entity 
                                as the House of Representatives may 
                                designate;
                                    (II) in the case of an employee of 
                                the Senate, before a hearing panel of 
                                the Office of Senate Fair Employment 
                                Practices, the Select Committee on 
                                Ethics of the Senate, or such other 
                                entity as the Senate may designate; or
                                    (III) in the case of an employee of 
                                an instrumentality of the Congress, 
                                before such hearing panel or other 
                                entity as the instrumentality may 
                                designate.
                    (B) Limitations on commencement of administrative 
                action.--Except as provided in subparagraphs (D) and 
                (E), an administrative action commenced under this 
                paragraph to enforce a provision of law referred to in 
                paragraph (1) shall be commenced in accordance with the 
                limitations, exhaustion, and other procedural 
                requirements of the law otherwise applicable to a 
                similarly situated complaining party seeking to enforce 
                the provision.
                    (C) Action.--Except as provided in subparagraphs 
                (D) and (E), in any administrative action brought 
                before a panel, committee, or entity designated in 
                subparagraph (A) to enforce a provision of law referred 
                to in paragraph (1), the panel, committee, or entity 
                may take such action against the House of 
                Representatives or the Senate, as appropriate, or the 
                congressional employer as the agency could take in an 
                action brought by a similarly situated complaining 
                party.
                    (D) Civil rights violations.--
                            (i) House of representatives.--The 
                        provisions of clauses 3, 5 through 8, 10 
                        through 12, 14, and 15, of Rule LI of the Rules 
                        of the House of Representatives of the One 
                        Hundred Third Congress, shall--
                                    (I) apply with respect to an 
                                allegation of a violation of a 
                                provision of Federal law specified in 
                                any of clauses (i) through (vi), of 
                                section 2(a)(1)(B), with respect to 
                                employment by the House of 
                                Representative of an employee of the 
                                House of Representatives; and
                                    (II) apply to such an allegation in 
                                the same manner and to the same extent 
                                as such sections of such rule apply 
                                with respect to an allegation of a 
                                violation under such rule.
                            (ii) Senate.--The provisions of sections 
                        304 through 308, 310 through 313, and 316, of 
                        the Government Employee Rights Act of 1991 (2 
                        U.S.C. 1204-1208, 1210-1213, and 1215) shall--
                                    (I) apply with respect to an 
                                allegation of a violation of a 
                                provision of Federal law specified in 
                                any of clauses (i) through (vi) of 
                                section 2(a)(1)(B), with respect to 
                                Senate employment of a Senate employee; 
                                and
                                    (II) apply to such an allegation in 
                                the same manner and to the same extent 
                                as such sections of the Government 
                                Employee Rights Act of 1991 apply with 
                                respect to an allegation of a violation 
                                under such Act.
                    (E) Labor violations.--The provisions of clauses 1, 
                3, 5 through 8, 10 through 12, 14, and 15, of Rule LI 
                of the Rules of the House of Representatives of the One 
                Hundred Third Congress, shall--
                            (i) apply with respect to an allegation of 
                        a violation of a provision of Federal law 
                        specified in section 2(a)(1)(B)(viii), with 
                        respect to employment by the House of 
                        Representative of an employee of the House of 
                        Representatives; and
                            (ii) apply to such an allegation in the 
                        same manner and to the same extent as such 
                        clauses of such rule apply with respect to an 
                        allegation of a violation under such rule.
            (3) Enforcement by civil action.--
                    (A) Civil rights violations.--
                            (i) In general.--Within 30 days of receipt 
                        of the decision or order of a hearing panel 
                        described in section 2(a)(2)(A)(ii), or of a 
                        committee, instrumentality, or entity described 
                        in such section on an appeal from such a 
                        decision or order, on a complaint of a 
                        violation of a provision of Federal law 
                        specified in any of clauses (i) through (vi) of 
                        section 2(a)(1)(B) brought pursuant to this 
                        Act, or after 180 days from the filing of such 
                        a complaint with an Office or instrumentality 
                        described in section 2(a)(2)(A)(ii) or the 
                        notice of appeal with a committee, 
                        instrumentality, or entity described in such 
                        section on an appeal from a decision or order 
                        of such hearing panel until such time as final 
                        action may be taken by the hearing panel, 
                        instrumentality, committee, or entity, a 
                        congressional employee, if aggrieved by the 
                        final disposition of the complaint of the 
                        employee, or by the failure to take final 
                        action on the complaint, may file a civil 
                        action as provided in section 706 of the Civil 
                        Rights Act of 1964 (42 U.S.C. 2000e-5), in 
                        which civil action the Senate, the House of 
                        Representatives, or the congressional employer 
                        of the employee shall be the defendant.
                            (ii) Procedures.--The provisions of 
                        paragraphs (3) through (5) of subsection (f), 
                        and subsections (g) through (k), of section 706 
                        of the Civil Rights Act of 1964 (42 U.S.C. 
                        2000e-5 (f) (3)-(5), and (g)-(k)), as 
                        applicable, shall govern civil actions brought 
                        to enforce a provision of Federal law specified 
                        in any of clauses (i) through (vi) of section 
                        2(a)(1)(B). The remedies and right to a jury 
                        trial made available to complaining parties 
                        under section 1977 of the Revised Statutes (42 
                        U.S.C. 1981a) shall be equally available to any 
                        congressional employee bringing such a civil 
                        action.
                            (iii) Punitive damages.--Notwithstanding 
                        any other provision of Federal law, in such a 
                        civil action a congressional employee may be 
                        awarded punitive damages on the same terms and 
                        conditions as such damages may be awarded to an 
                        aggrieved individual who is a nongovernmental 
                        complaining party.
                    (B) Other violations.--
                            (i)  In general.--Notwithstanding any other 
                        provision of law, and subject to the 
                        limitations contained in this subparagraph, a 
                        congressional employee or any person, including 
                        a class or organization on behalf of a 
                        congressional employee, may bring a civil 
                        action to enforce a provision of Federal law 
                        specified in any of clauses (vii) through (x) 
                        of section 2(a)(1)(B) in a court specified in 
                        clause (iii) against the House of 
                        Representatives or Senate, as appropriate, or 
                        the congressional employer of the employee, if 
                        a similarly situated complaining party may 
                        bring such an action.
                            (ii) Limitations on commencement of civil 
                        action.--A civil action commenced under this 
                        subparagraph to enforce such a provision of 
                        Federal law shall be commenced in accordance 
                        with the limitations, exhaustion, and other 
                        procedural requirements of the law otherwise 
                        applicable to a similarly situated complaining 
                        party seeking to enforce the provision.
                            (iii)  Venue.--An action may be brought 
                        under this subparagraph to enforce such a 
                        provision of Federal law in any court of 
                        competent jurisdiction in which a similarly 
                        situated complaining party may otherwise bring 
                        an action to enforce the provision.
                            (iv)  Relief.--In any civil action brought 
                        under this subparagraph to enforce such a 
                        provision of Federal law, the court--
                                    (I) may grant as relief against the 
                                House of Representatives or the Senate, 
                                as appropriate, or the congressional 
                                employer any equitable relief otherwise 
                                available to a similarly situated 
                                complaining party bringing an action to 
                                enforce the provision;
                                    (II) may grant as relief against 
                                the House of Representatives or the 
                                Senate, as appropriate, or the 
                                congressional employer any damages that 
                                would otherwise be available to such a 
                                complaining party; and
                                    (III) shall allow such fees and 
                                costs as would be allowed in such an 
                                action.
            (4) Payments by the president or a member.--The President, 
        a Member of the House of Representatives, or a Member of the 
        Senate shall reimburse the appropriate Federal account for any 
        payment made on the behalf of the President or Member out of 
        such account for a violation of a provision of Federal law 
        specified in section 2(a)(1)(B) by the President or Member, not 
        later than 60 days after the payment is made.
    (b) Conduct Regarding Matters Other Than Employment.--
            (1) Application.--In accordance with section 509(a)(2) of 
        the Americans with Disabilities Act of 1990 (42 U.S.C. 
        12209(a)(2)) the rights and protections provided pursuant to 
        such Act shall apply with respect to the conduct of Congress 
        regarding matters other than employment.
            (2) Enforcement.--Notwithstanding any other provision of 
        law, any person may bring an administrative action described in 
        subsection (a)(2) in accordance with subparagraphs (A), (B), 
        and (C) of such subsection, or a civil action described in 
        subsection (a)(3)(B) in accordance with such subsection, 
        against the House of Representatives or the Senate, as 
        appropriate, or a congressional employer, to enforce paragraph 
        (1).
    (c) Information.--
            (1) Application.--The rights and protections provided 
        pursuant to section 552 of title 5, United States Code 
        (commonly known as the ``Freedom of Information Act'') and 
        section 552a of title 5, United States Code (commonly known as 
        the ``Privacy Act of 1974'') shall apply with respect to 
        information in the possession of the Congress.
            (2) Enforcement.--Notwithstanding any other provision of 
        law, any person may bring an administrative action described in 
        subsection (a)(2) in accordance with subparagraphs (A), (B), 
        and (C) of such subsection, or a civil action described in 
        subsection (a)(3)(B) in accordance with such subsection, 
        against the House of Representatives or the Senate, as 
        appropriate, or the congressional employer in possession of the 
        information, to enforce paragraph (1).
    (d) Ethics in Government.--
            (1) Application.--The rights and protections provided 
        pursuant to chapter 40 of title 28, United States Code 
        (commonly known as title VI of the Ethics in Government Act of 
        1978) shall apply with respect to investigation of 
        congressional improprieties.
            (2) Enforcement.--Notwithstanding any other provision of 
        law, any person may bring a civil action described in 
        subsection (a)(3)(B) in accordance with such subsection against 
        any party with a duty under chapter 40 of title 28, to enforce 
        paragraph (1).
    (e) Presidential Appointees.--
            (1) Application.--The rights and protections provided 
        pursuant to the provisions described in subsections (a)(1), 
        (b)(1), (c)(1), and (d)(1), shall apply with respect to 
        employment of Presidential appointees.
            (2) Enforcement.--Notwithstanding any other provision of 
        law, a Presidential appointee or any person, including a class 
        or organization on behalf of a Presidential appointee, may 
        bring an administrative action before an Executive agency in 
        accordance with subparagraphs (A)(i), (B), and (C) of 
        subsection (a)(2), or a civil action described in subsection 
        (a)(3)(B) in accordance with such subsection, against the 
        United States to enforce paragraph (1), if a similarly situated 
        complaining party may bring such an administrative or civil 
        action.
    (f) Other Enforcement.--Notwithstanding any other provision of law, 
no congressional employee or Presidential appointee may commence a 
proceeding or action to enforce a provision of Federal law specified in 
subsection (a)(1), (b)(1), (c)(1), or (d)(1), except as provided in 
this section.
    (g) Administration.--
            (1) Senate.--The Committee on Rules and Administration of 
        the Senate shall issue such requirements as the Committee may 
        determine to be appropriate to effectuate the application of 
        the rights, protections, and requirements described in 
        subsections (a) through (d) to the Senate.
            (2) House of representatives.--The Committee on House 
        Administration of the House of Representatives shall issue such 
        requirements as the Committee may determine to be appropriate 
        to effectuate the application of the rights, protections, and 
        requirements described in subsections (a) through (d) to the 
        House of Representatives.
            (3) Instrumentalities.--Each congressional employer 
        described in subsection (i)(1)(C) shall issue such requirements 
        as the Committee may determine to be appropriate to effectuate 
        the application of the rights, protections, and requirements 
        described in subsections (a) through (d) to the employees of 
        the employer.
    (h) Alternative Means of Dispute Resolution.--Where appropriate and 
to the extent authorized by law, the use of alternative means of 
dispute resolution, including settlement negotiations, conciliation, 
facilitation, meditation, mediation, factfinding, minitrials, and 
arbitration, is encouraged to resolve complaints arising under a 
provision of Federal law specified in subsection (a)(1), (b)(1), 
(c)(1), or (d)(1).
    (i) Definitions.--As used in this section:
            (1) Congressional employer.--The term ``congressional 
        employer'' means--
                    (A) a supervisor, as described in paragraph 12 of 
                rule XXXVII of the Standing Rules of the Senate;
                    (B)(i) a Member of the House of Representatives, 
                with respect to the administrative, clerical, or other 
                assistants of the Member;
                    (ii)(I) a Member who is the chairman of a 
                committee, with respect, except as provided in 
                subclause (II), to the professional, clerical, or other 
                assistants to the committee; and
                    (II) the ranking minority Member on a committee, 
                with respect to the minority staff members of the 
                committee;
                    (iii)(I) a Member who is a chairman of a 
                subcommittee which has its own staff and financial 
                authorization, with respect, except as provided in 
                subclause (II), to the professional, clerical, or other 
                assistants to the subcommittee; and
                    (II) the ranking minority Member on the 
                subcommittee, with respect to the minority staff 
                members of the committee;
                    (iv) the Majority and Minority Leaders and the 
                Majority and Minority Whips, with respect to the 
                research, clerical, or other assistants assigned to 
                their respective offices; and
                    (v) the other officers of the House of 
                Representatives, with respect to the employees of the 
                officers; and
                    (C)(i) the Architect of the Capitol, with respect 
                to the employees of the Architect of the Capitol;
                    (ii) the Director of the Congressional Budget 
                Office, with respect to the employees of the Office;
                    (iii) the Comptroller General, with respect to the 
                employees of the General Accounting Office;
                    (iv) the Public Printer, with respect to the 
                employees of the Government Printing Office;
                    (v) the Librarian of Congress, with respect to the 
                employees of the Library of Congress;
                    (vi) the Director of the Office of Technology 
                Assessment, with respect to the employees of the 
                Office; and
                    (vii) the Director of the United States Botanic 
                Garden, with respect to the employees of the United 
                States Botanic Garden.
            (2) Congressional employee.--The term ``congressional 
        employee'' means an employee who is employed by, or an 
        applicant for employment with, a congressional employer.
            (3) Instrumentality.--The term ``instrumentality'' includes 
        the Office of the Architect of the Capitol, the Congressional 
        Budget Office, the General Accounting Office, the Government 
        Printing Office, the Library of Congress, the Office of 
        Technology Assessment, and the United States Botanic Garden.
            (4) Presidential appointee.--The term ``Presidential 
        appointee'' means an employee, or an applicant seeking to 
        become an employee--
                    (A) whose appointment is made by and with the 
                advice and consent of the Senate; or
                    (B) whose position has been determined to be of a 
                confidential, policy-determining, policy-making, or 
                policy-advocating character by--
                            (i) the President for a position that the 
                        President has excepted from the competitive 
                        service;
                            (ii) the Office of Personnel Management for 
                        a position that the Office has excepted from 
                        the competitive service; or
                            (iii) the President or head of an agency 
                        for a position excepted from the competitive 
                        service by statute.
            (5) Similarly situated complaining party.--The term 
        ``similarly situated complaining party'' means--
                    (A) in the case of a party seeking to enforce a 
                provision with a separate enforcement mechanism for 
                governmental complaining parties, a governmental 
                complaining party; or
                    (B) in the case of a party seeking to enforce a 
                provision with no such separate mechanism, a 
                nongovernmental complaining party.
    (j) Effective Date.--This section shall take effect 120 days after 
the date of the enactment of this Act.

                                 <all>

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