[Congressional Record Volume 141, Number 15 (Wednesday, January 25, 1995)]
[Extensions of Remarks]
[Pages E173-E174]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


                          CONGRESSIONAL REFORM

                                 ______


                          HON. LEE H. HAMILTON

                               of indiana

                    in the house of representatives

                       Wednesday, January 25, 1995
  Mr. HAMILTON. Mr. Speaker, I would like to insert my Washington 
Report for Wednesday, January 11, 1995, into the Congressional Record.

[[Page E174]]

                       Applying Laws to Congress

       As much as Hoosiers complain to me about excessive 
     government regulations, they complain even more about 
     congressional exemptions from laws that are applied to 
     private citizens and businesses. They believe Congress should 
     follow the same laws as private citizens, and I agree. To 
     address such concerns, on the opening day of the 104th 
     Congress the House passed unanimously the Congressional 
     Accountability Act, which will ensure that Congress lives 
     under the same laws applied to private citizens.


                               background

       Many Members of Congress from both political parties and 
     both chambers have worked for years to develop a process for 
     applying laws to Congress that is consistent with the 
     constitutional requirement of the separation of powers. For 
     example, a proposal similar to the Congressional 
     Accountability Act was included among the recommendations of 
     the bipartisan Joint Committee on the Organization of 
     Congress, which I co-chaired. In August 1994, legislation 
     almost identical to the Congressional Accountability Act 
     passed the House by a margin of 437 to 4. Unfortunately, that 
     proposal was blocked in the Senate in the closing days of the 
     103rd Congress. The House responded in October 1994 by 
     applying laws to itself via a change in House rules.
       This rules change was a worthwhile accomplishment. But 
     private sector laws should be applied as fully as possible to 
     both the House and Senate, and this is best accomplished by 
     legislation rather than a rules change in one chamber. 
     Moreover, the internal House rules change could not allow for 
     court appeals of employee grievances. As a result, Congress 
     is again considering legislation to end the long history of 
     congressional exemptions.


                               importance

       There are three key reasons why it is important for Members 
     of Congress to follow the same laws that cover private 
     citizens.
       First, the widespread perception that Members have exempted 
     themselves from many laws significantly undermines public 
     confidence in Congress. This institution loses credibility 
     and legitimacy when people believe that Members are somehow 
     ``above the law.''
       Second, more fully applying laws to Congress will improve 
     the quality of the legislation we pass. It can be difficult 
     for Members to understand completely the practical 
     implications of legislation when we are not forced to 
     confront these implications in our own place of work.
       And third, it is simply unfair not to extend to 
     congressional employees the same rights and protections 
     available to those who work elsewhere.


                              complexities

       As with many congressional reform issues, the issue of 
     applying laws to Congress is complex, and often 
     misunderstood. For example, many laws such as the Social 
     Security Act have long been applied to Congress in exactly 
     the same manner that they are applied to the private sector. 
     Other key labor laws also are currently applied to Congress, 
     although the methods of enforcement differ somewhat from 
     those adopted for private sector employees. Among these laws 
     are the Americans with Disabilities Act, the Age 
     Discrimination in Employment Act, and the Family and Medical 
     Leave Act. Some laws have not been applied to Congress simply 
     because they have no bearing on the internal operations of 
     this institution, such as Title IX of the Higher Education 
     Act Amendments of 1972, which deals with women's athletics 
     programs. And in certain areas Members are actually subject 
     to more stringent statutory limitations than those applied to 
     people in the private sector: examples include full public 
     financial disclosure, post-employment restrictions, and 
     strict limitations on outside income.
       Constitutional questions have also complicated the effort 
     to bring the legislative branch into compliance. There would 
     be considerable potential for mischief if a President of one 
     party were allowed to use his regulatory enforcement powers 
     to harass or unduly influence Members of Congress of another 
     party. The internal operations of Congress cannot be subject 
     to regulation--and possible political manipulation--by the 
     President.
       However, even with these common misunderstandings and 
     difficulties, the underlying problem has remained: Congress 
     has not been subject to certain laws to the maximum extent 
     feasible, and the institution must be brought into full 
     compliance in a manner consistent with the Constitution.


                               provisions

       My view is that the Congressional Accountability Act will 
     accomplish these goals without undermining the separation of 
     powers. As passed by the House, it contains a number of 
     important provisions. It will: require the direct application 
     of private sector laws, including OSHA, to Congress; create a 
     bicameral Office of Compliance to issue the regulations 
     necessary to implement these laws; provide that such 
     regulations will go into effect within a certain period 
     unless Congress explicitly votes otherwise; and allow 
     congressional employees to take their complaints to court and 
     receive compensation.
       House passage of the Congressional Accountability Act is 
     not the final hurdle in the process of applying laws to 
     Congress. The Senate also has pledged quick consideration of 
     a bill to apply laws to Congress. But the Senate bill likely 
     will differ from the House-passed version in important ways, 
     and the two chambers will have to agree on a single consensus 
     package. Still, my hope is that Congress will settle the 
     issue of congressional compliance early this year.


                               conclusion

       The application of laws to Congress is one key component of 
     the overall reform agenda advanced by the Joint Committee on 
     the Organization of Congress and other reform-minded Members 
     during recent years. But reform is an ongoing process, and 
     much work still needs to be done. Members should continue to 
     work in a bipartisan fashion for meaningful congressional 
     reform throughout the 104th Congress. The passage of a strong 
     reform agenda will help demonstrate that Members are serious 
     about enhancing the openness, effectiveness, and public 
     credibility of Congress.
     

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