[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 579 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                 S. 579

   To require Congress to comply with the laws it imposes on others.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

               March 11 (legislative day, March 3), 1993

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

_______________________________________________________________________

                                 A BILL


 
   To require Congress to comply with the laws it imposes on others.

    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 ``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 respect 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 on behalf of a congressional employee, 
        may bring an administrative 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 requirements of the law which is 
        sought to be enforced.
            (3) Administrative action.--An administrative agency before 
        which is brought an action described 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 jurisdiction 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 Congress or 
                congressional employer any equitable relief otherwise 
                available to a similarly situated complaining party 
                bringing a civil action to enforce 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.

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 respect 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 subsection 
        2(b), or
            (2) a civil action described in section 2(c).

SEC. 4. INFORMATION.

    (a) Application.--The rights and protections provided pursuant to 
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 possession of 
        information.

SEC. 5. INDEPENDENT COUNSEL.

    (a) Application.--(1) The rights and protections provided pursuant 
to chapter 40 of title 28, United States Code, shall apply with respect 
to investigation of congressional improprieties.
    (2) Enforcement.--To enforce subsection (a), any person may--
            (A) bring an administrative action described in section 
        2(b), or
            (B) a civil action described in section 2(c), against any 
        party with a duty under such chapter 40.

SEC. 6. AMENDMENTS 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 requirement 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:
    ``(9) No bill, resolution, or amended which creates a requirement 
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 the Members duly chosen and sworn.''.

SEC. 8. DEFINITIONS.

     For the purposes of this Act:
            (1) The term ``congressional employer'' means--
                    (A) a supervisor as described in paragraph 12 of 
                Rule XXXVII of the Rules of the Senate.
                    (B)(i) a Member of the House of Representatives 
                with respect to the administrative, clerical, and other 
                assistants of a Member.
                    (ii) A Member who is the chairman of a committee 
                with respect to the professional, clerical and other 
                assistants to the committee.
                    (iii) The ranking minority Member of a committee 
                with respect to the minority staff members of the 
                committee.
                    (iv) A member who is the chairman of a subcommittee 
                which has its own staff and financial authorization 
                with respect to the professional, clerical, and other 
                assistants to the subcommittee.
                    (v) The ranking minority Member of a subcommittee 
                with respect to the minority staff members of the 
                subcommittee.
                    (vi) The Majority and Minority Leaders of the House 
                of Representatives and the Majority and Minority Whips 
                with respect to the research, clerical, and other 
                assistants to their respective offices.
                    (vii) The other officers of the House of 
                Representatives with respect to the employees of such 
                officers.
                    (C) The Architect of the Capitol with respect to 
                the employees of the Architect of the Capitol.
                    (D) The Director of the Congressional Budget Office 
                with respect to the employees of such office.
                    (E) The Comptroller General with respect to the 
                employees of the General Accounting Office.
                    (F) The Public Printer with respect to the 
                employees of the Government Printing Office.
                    (G) The Librarian of Congress with respect to the 
                employees of the Library of Congress.
                    (H) The Director of the Office of Technology 
                Assessment with respect to employees of such office.
                    (I) The Director of the United States Botanic 
                Gardens with respect to the employees of such gardens.
            (2) The term ``congressional employee'' means an employee 
        who is employed by, or an applicant for employment with, a 
        congressional employer.
            (3) 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 
                complaining party.

SEC. 9. EFFECTIVE DATE.

    This Act shall take effect one hundred and twenty days after the 
date of its enactment.

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