[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.
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