[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 349 Introduced in House (IH)]
103d CONGRESS
2d Session
H. R. 349
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. Shays (for himself, Mr. Swett, Mr. Allard, Mr. Armey, Mr. Baker of
Louisiana, Mr. Barton of Texas, Mr. Bliley, Mr. Blute, Mr. Boehlert,
Mr. Bunning, Mr. Burton of Indiana, Mr. Camp, Mr. Clinger, Mr. Coble,
Mr. Cox, Mr. Crane, Mr. Crapo, Mr. Cunningham, Mr. Doolittle, Mr.
Duncan, Mr. Ewing, Mr. Fawell, Mr. Fields of Texas, Ms. Fowler, Mr.
Gallegly, Mr. Gilchrest, Mr. Gingrich, Mr. Goss, Mr. Herger, Mr.
Hunter, Mrs. Johnson of Connecticut, Mr. Kasich, Mr. Klug, Mr. Kolbe,
Mr. Lightfoot, Mr. Livingston, Mr. McCandless, Mr. McCrery, Mr.
Machtley, Ms. Molinari, Mrs. Morella, Mr. Paxon, Mr. Porter, Mr.
Ramstad, Mr. Ridge, Mr. Rohrabacher, Mr. Santorum, Mr. Schiff, Mr.
Sensenbrenner, Mr. Smith of New Jersey, Mr. Smith of Texas, Ms. Snowe,
Mr. Solomon, Mr. Thomas of Wyoming, Mr. Thomas of California, Mr.
Walker, Mr. Walsh, Mr. Weldon, Mr. Wolf, Mr. Zeliff, Mr. Zimmer, Mr.
Hayes, Mr. Moorhead, Mrs. Meyers of Kansas, Mr. Goodling, Mr. Hastert,
Mr. Hefley, Mr. Petri, Mr. Ravenel, Ms. Ros-Lehtinen, Mr. Myers of
Indiana, Mr. Dickey, Mr. Young of Florida, Mr. Dreier, Mr. Franks of
New Jersey, Mr. Franks of Connecticut, Mr. Gillmor, Mr. Goodlatte, Mr.
Gunderson, Mr. Inhofe, Mr. McCollum, Mr. Oxley, Mr. McMillan, Mr.
Hobson, Mr. Regula, Mr. Taylor of North Carolina, Mr. Houghton, and Mr.
Shaw) introduced the following bill; which was referred jointly to the
Committees on House Administration, Education and Labor, the Judiciary,
Government Operations, Ways and Means, and Rules
May 17, 1994
Additional sponsors: Mr. Packard, Mr. Bartlett of Maryland, Mr. McHugh,
Mr. Jacobs, Mr. Inglis of South Carolina, Mr. Bacchus of Florida, Mr.
Torkildsen, Mr. Sam Johnson of Texas, Mr. Mann, Mrs. Lloyd, Mr.
Ballenger, Mr. Royce, Mr. Clement, Mr. Stark, Ms. DeLauro, Mr. Leach,
Ms. Long, Mr. Pete Geren of Texas, Mr. McHale, Mr. Penny, Mr. Browder,
Mr. Carr of Michigan, Mr. McCurdy, Mr. Poshard, Mr. Dooley, Mr. Johnson
of Georgia, Mr. Taylor of Mississippi, Mr. Linder, Mr. Bachus of
Alabama, Mr. Mazzoli, Mr. Buyer, Mr. Lewis of Florida, Mr. Schaefer,
Mr. Pombo, Mr. Baesler, Mr. Greenwood, Mr. Sundquist, Mr. Frank of
Massachusetts, Mr. Minge, Mr. Inslee, Mr. Barrett of Wisconsin, Mr.
Klink, Mr. Everett, Ms. Dunn, Mr. Hutchinson, Mr. Roemer, Mr. Boehner,
Mr. Castle, Mr. Roth, Mr. Lazio, Mr. Gilman, Mr. Talent, Mr. Andrews of
Maine, Mr. Baker of California, Mr. Hoekstra, Mr. Knollenberg, Mr.
Miller of Florida, Mrs. Byrne, Mr. Condit, Mr. Gutierrez, Mr. Parker,
Mr. Payne of Virginia, Ms. Schenk, Mr. Istook, Mr. Wyden, Mr. Dornan,
Mr. Shuster, Mr. Cramer, Mr. Hancock, Mr. Brown of Ohio, Ms. Danner,
Mr. Glickman, Mr. Bishop, Mr. Stenholm, Mr. Pomeroy, Ms. Margolies-
Mezvinsky, Mr. Cooper, Mr. Combest, Mr. Smith of Oregon, Mr. Stump,
Mrs. Vucanovich, Mr. Kim, Mr. McKeon, Mr. Meehan, Mr. Canady, Mr.
Manzullo, Mr. Flake, Ms. Harman, Mr. Hastings, Mr. McInnis, Ms. Furse,
Mr. Holden, Mr. Becerra, Ms. Cantwell, Mr. Evans, Ms. Woolsey, Ms.
Eshoo, Mrs. Maloney, Ms. Shepherd, Mr. Stupak, Mr. Collins of Georgia,
Mr. Andrews of New Jersey, Mr. Kreidler, Mr. Tucker, Mr. Engel, Mr.
Hamburg, Mr. Fingerhut, Mr. Coppersmith, Mr. Mica, Mr. Quinn, Mr.
Traficant, Mr. Hoke, Ms. Pryce of Ohio, Mr. Deutsch, Mr. Darden, Mr.
Kingston, Mr. Reynolds, Mr. Grams, Mr. Diaz-Balart, Mr. Clyburn, Mr.
Fish, Mr. Brown of California, Mrs. Kennelly, Mr. Bonilla, Ms. English
of Arizona, Mr. Calvert, Mr. Huffington, Mr. Horn, Mr. Portman, Mr.
Skeen, Mr. Levy, Mr. King, Mr. Smith of Michigan, Mr. Klein, Ms.
Lambert, Mr. Gejdenson, Mr. Hinchey, Mrs. Clayton, Mr. Peterson of
Florida, Mr. Strickland, Mr. Hoagland, Mr. Gene Green of Texas, Mrs.
Thurman, Mr. Barca of Wisconsin, Mr. Sanders, Mr. Rush, Mr. Wynn, Mr.
Gordon, Mr. Torres, Mr. Andrews of Texas, Mr. Reed, Mr. Martinez, Mr.
Costello, Mr. Kildee, Mr. Wheat, Mr. Saxton, Mr. Wise, Mr. Johnson of
South Dakota, Mr. Kyl, and Mr. Grandy
_______________________________________________________________________
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 responsibilities of employers and employees, and for
other purposes.
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 ``Congressional Accountability 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,
overtime, and termination), the health and safety of employees, 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 defined 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 Information 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 agencies (as
defined by section 105 of title 5, United States Code) are subject to
such section 552.
(d) Application of Independent Counsel Provisions.--Chapter 40 of
title 28, United States Code (relating to independent counsel), shall
apply to the Congress, 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 (hereafter 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 Architect of the Capitol, the Botanic Gardens,
the Government 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 Affiliation.--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 attributable
to the Member does not exceed the number of employees 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 Columbia
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 Representatives and the Senate
shall each promulgate rules and regulations to carry out this Act,
including specifically implementing 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 aggrieved by an
action taken pursuant to this Act, such individual 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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