II

103D CONGRESS

1ST SESSION S. 103

To fully apply the rights and protections of Federal civil rights and labor

laws to employment by Congress.

IN THE SENATE OF THE UNITED STATES

JANUARY 21 (legislative day), JANUARY 5), 1993

Mr. NICKLES (for himself, Mrs. KASSEBAUM, Mr. PACKWOOD, Mr. BROWN,

Mr. COATS, Mr. KEMPTHORNE, and Mr. COVERDELL) 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 civil

rights and labor laws to employment by Congress.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Congressional and

5 Presidential Accountability Act’’.

6 SEC. 2. APPLICATION TO SENATE.

7 (a) PURPOSE.—Section 301(b) of the Civil Rights

8 Act of 1991 (2 U.S.C. 1201(b)) is amended by inserting

9 before the period the following: ‘‘, and to employment in
2

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1 accordance with provisions governing labor-management

2 relations, fair labor standards, and occupational safety

3 and health standards’’.

4 (b) PROHIBITED PRACTICES.—Section 302 of the

5 Civil Rights Act of 1991 (2 U.S.C. 1202) is amended—

6 (1) in the title, by striking ‘‘DISCRIMINATORY

7 PRACTICES PROHIBITED’’ and inserting ‘‘VIOLA8 TIONS’’;

9 (2) by inserting ‘‘(a) DISCRIMINATORY PRAC10 TICES.—’’ before ‘‘All personnel’’; and

11 (3) by adding at the end the following new sub12 section:

13 ‘‘(b) LABOR PRACTICES.—The employment of a Sen14 ate employee shall be made free from acts that—

15 ‘‘(1)(A) are unlawful under section 15 of the

16 Fair Labor Standards Act of 1938 (29 U.S.C. 215),

17 unless exempted pursuant to section 13 of such Act

18 (29 U.S.C. 213);

19 ‘‘(B) constitute unfair labor practices under

20 section 8 of the National Labor Relations Act (29

21 U.S.C. 158); or

22 ‘‘(C) constitute violations of duties and stand23 ards prescribed under section 5 or 6 of the Occupa24 tional Safety and Health Act of 1970 (29 U.S.C.

25 654 or 655); and
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1 ‘‘(2) are determined, in accordance with section

2 303(g), to be applicable to Senate employment.’’.

3 (c) REGULATIONS AND INVESTIGATIONS.—Section

4 303 of the Civil Rights Act of 1991 (2 U.S.C. 1203) is

5 amended by adding at the end the following new sub6 sections:

7 ‘‘(g) REGULATIONS.—

8 ‘‘(1) IN GENERAL.—

9 ‘‘(A) FAIR LABOR STANDARDS ACT OF

10 1938.—The Director shall adopt rules applying

11 the rights and protections of the Fair Labor

12 Standards Act of 1938 to the Senate.

13 ‘‘(B) NATIONAL LABOR RELATIONS ACT.—

14 The Director shall adopt rules applying the

15 rights and protections of the National Labor

16 Relations Act to the Senate.

17 ‘‘(C) OCCUPATIONAL SAFETY AND HEALTH

18 ACT OF 1970.—The Assistant Secretary for Oc19 cupational Safety and Health shall adopt rules

20 applying the rights and protections of the Occu21 pational Safety and Health Act of 1970 to the

22 Senate.

23 ‘‘(2) INITIAL RULES.—

24 ‘‘(A) FAIR LABOR STANDARDS ACT OF

25 1938; NATIONAL LABOR RELATIONS ACT.—Not
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1 later than 90 days after the date of enactment

2 of this Act, the Director shall adopt—

3 ‘‘(i) rules described in paragraph

4 (1)(A) that shall be, as nearly as is pos5 sible, identical to the regulations promul6 gated under sections 13 and 15 of the Fair

7 Labor Standards Act of 1938; and

8 ‘‘(ii) rules described in paragraph

9 (1)(B) that shall be, as nearly as is pos10 sible, identical to the regulations promul11 gated under section 8 of the National

12 Labor Relations Act,

13 as in effect on the date of enactment of this

14 Act.

15 ‘‘(B) OCCUPATIONAL SAFETY AND HEALTH

16 ACT OF 1970.—Not later than 90 days after the

17 date of enactment of this Act, the Assistant

18 Secretary for Occupational Safety and Health

19 shall adopt rules described in paragraph (1)(C)

20 that shall be, as nearly as is possible, identical

21 to the regulations promulgated under section 5

22 or 6 of the Occupational Safety and Health Act

23 of 1970, as in effect on the date of enactment

24 of this Act.
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1 ‘‘(3) AMENDMENTS TO RULES.—Not later than

2 90 days after the date on which the Secretary of

3 Labor issues any modification to the regulations de4 scribed in paragraph (2), the Director or the Assist5 ant Secretary for Occupational Safety and Health,

6 as appropriate, shall review the rules adopted under

7 this subsection and shall make appropriate amend8 ments to ensure that the rules shall be, as nearly as

9 is possible, identical to the modified regulations.

10 ‘‘(4) PROCEDURE.—The rules adopted under

11 this subsection, and an explanation of any dif12 ferences between the rules and the corresponding

13 regulations, shall be submitted to the President pro

14 tempore for publication in the Congressional Record.

15 Any amendments to the rules shall be made in the

16 same manner. The Director and the Assistant Sec17 retary for Occupational Safety and Health may con18 sult with the Chairman of the Administrative Con19 ference of the United States on the adoption of

20 rules.

21 ‘‘(h) INVESTIGATIONS.—The Director shall have the

22 investigative powers—

23 ‘‘(1) described in sections 709 and 710 of the

24 Civil Rights Act of 1964 (42 U.S.C. 2000e–8 and
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1 2000e–9) with respect to a violation described in

2 paragraph (1) or (3) of section 302(a);

3 ‘‘(2) described in section 7 of the Age Discrimi4 nation in Employment Act of 1967 (29 U.S.C. 626)

5 with respect to a violation described in section

6 302(a)(2);

7 ‘‘(3) described in section 11 of the Fair Labor

8 Standards Act of 1938 (29 U.S.C. 211) with respect

9 to a violation described in section 302(b)(1)(A);

10 ‘‘(4) described in section 11 of the National

11 Labor Relations Act (29 U.S.C. 161) with respect to

12 a violation described in section 302(b)(1)(B); and

13 ‘‘(5) described in sections 8, 9, and 10 of the

14 Occupational Safety and Health Act of 1970 (29

15 U.S.C. 657, 658, and 659) with respect to a viola16 tion described in section 302(b)(1)(C),

17 as applicable.’’.

18 (d) REMEDIES.—Section 307(h) of the Civil Rights

19 Act of 1991 (2 U.S.C. 1207(h)) is amended—

20 (1) by striking ‘‘REMEDIES.—If’’ and inserting

21 the following: ‘‘REMEDIES.—

22 ‘‘(1) DISCRIMINATION.—If’’;

23 (2) in the first sentence of paragraph (1) (as so

24 designated in paragraph (1) of this subsection), by
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1 inserting ‘‘described in section 302(a)’’ after ‘‘deter2 mines that a violation’’;

3 (3) in the second sentence of such paragraph

4 (1), by inserting before the period the following: ‘‘,

5 or such civil penalties or damages as would be ap6 propriate if awarded by the Secretary of Labor

7 under section 7(b) of such Act (29 U.S.C. 626(b))’’;

8 and

9 (4) by striking the last two sentences of para10 graph (1) and inserting the following new para11 graphs:

12 ‘‘(2) LABOR PRACTICE.—

13 ‘‘(A) FAIR LABOR STANDARDS ACT OF

14 1938.—In the case of a determination that a

15 violation described in section 302(b)(1)(A) has

16 occurred, the hearing board shall order such

17 civil penalties as would be appropriate if award18 ed by the Secretary of Labor under section 16

19 of the Fair Labor Standards Act of 1938 (29

20 U.S.C. 216).

21 ‘‘(B) NATIONAL LABOR RELATIONS ACT.—

22 In the case of a determination that a violation

23 described in section 302(b)(1)(B) has occurred,

24 the hearing board shall order such remedies as

25 would be appropriate if awarded by the Na-
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1 tional Labor Relations Board under section 10

2 of the National Labor Relations Act (29 U.S.C.

3 160).

4 ‘‘(C) OCCUPATIONAL SAFETY AND HEALTH

5 ACT OF 1970.—In the case of a determination

6 that a violation described in section

7 302(b)(1)(C) has occurred, the hearing board

8 shall order such civil penalties as would be ap9 propriate if awarded by the Occupational Safety

10 and Health Review Commission under section

11 17 of the Occupational Safety and Health Act

12 of 1970 (29 U.S.C. 666).

13 ‘‘(3) PAYMENTS.—Any order requiring the pay14 ment of money must be approved by a Senate reso15 lution reported by the Committee on Rules and Ad16 ministration.’’.

17 (e) JUDICIAL REVIEW.—Section 309 of the Civil

18 Rights Act of 1991 (2 U.S.C. 1209) is amended—

19 (1) in subsection (a), by striking ‘‘may peti20 tion’’ and all that follows and insert ‘‘may file a civil

21 action against the head of the employing office of

22 the employee.’’;

23 (2) by striking subsection (b) and inserting the

24 following:

25 ‘‘(b) PROCEDURE.—
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1 ‘‘(1) DISCRIMINATION ACTIONS.—

2 ‘‘(A) FILING.—The Senate employee may

3 file a civil action under this section with respect

4 to a violation of section 302(a) not later than

5 90 days after the entry in the Office of a final

6 decision under section 308(d).

7 ‘‘(B) CIVIL RIGHTS ACT OF 1964.—Except

8 as provided in subparagraph (D), the provisions

9 of subsections (f) through (k) of section 706 of

10 the Civil Rights Act of 1964, as applicable,

11 shall govern civil actions brought under this

12 section with respect to violations of section

13 302(a), and the same interest to compensate for

14 delay in payment shall be available as in cases

15 involving nonpublic parties.

16 ‘‘(C) SECTION 1977 OF THE REVISED STAT17 UTES.—In such an action alleging discrimina18 tion or a violation described in paragraph (1) or

19 (2) of subsection (a) of section 1977A of the

20 Revised Statutes (42 U.S.C. 1981a), the provi21 sions of such section shall also apply.

22 ‘‘(D) AGE DISCRIMINATION IN EMPLOY23 MENT ACT OF 1967.—The provisions of section

24 7 of the Age Discrimination in Employment Act

25 of 1967 (29 U.S.C. 626), as applicable, shall
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1 govern civil actions brought under this section

2 with respect to violations of section 302(a)(2).

3 ‘‘(2) LABOR ACTIONS.—

4 ‘‘(A) FAIR LABOR STANDARDS ACT OF

5 1938.—The provisions of sections 16 and 17 of

6 the Fair Labor Standards Act of 1938 (29

7 U.S.C. 216 and 217), as applicable, shall gov8 ern civil actions brought under this section with

9 respect to violations of section 302(b)(1)(A).

10 ‘‘(B) NATIONAL LABOR RELATIONS ACT.—

11 The provisions of sections 10 and 11 of the Na12 tional Labor Relations Act (29 U.S.C. 160 and

13 161), as applicable, shall govern civil actions

14 brought under this section with respect to viola15 tions of section 302(b)(1)(B).

16 ‘‘(C) OCCUPATIONAL SAFETY AND HEALTH

17 ACT OF 1970.—The provisions of sections 11

18 and 13 of the Occupational Safety and Health

19 Act of 1970 (29 U.S.C. 660 and 662), as appli20 cable, shall govern civil actions brought under

21 this section with respect to violations of section

22 302(b)(1)(C).’’;

23 (3) by striking subsection (c);

24 (4) by redesignating subsection (d) as sub25 section (c); and
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1 (5) in subsection (c) (as so redesignated in

2 paragraph (4) of this subsection)—

3 (A) by inserting ‘‘regarding a violation de4 scribed in section 302(a)’’ after ‘‘proceeding

5 under this section’’; and

6 (B) by adding at the end the following new

7 sentence: ‘‘The court may allow such fees in a

8 proceeding regarding a violation described in

9 section 302(a)(2) to the same extent that such

10 fees would be allowed in an action involving pri11 vate parties under the Age Discrimination in

12 Employment Act of 1967.’’.

13 (f) OTHER REVIEWS.—Sections 314 and 317 of the

14 Civil Rights Act of 1991 (2 U.S.C. 1214 and 1216) are

15 amended by striking ‘‘discriminatory’’.

16 (g) PRESIDENTIAL APPOINTEES.—Section 320(a) (2

17 U.S.C. 1219(a)) is amended—

18 (1) in paragraph (2), by inserting ‘‘the Depart19 ment of Labor, the National Labor Relations Board,

20 or the Occupational Safety and Health Review Com21 mission, as appropriate,’’ after ‘‘the Equal Employ22 ment Opportunity Commission,’’ each place the term

23 appears; and

24 (2) in paragraph (3)—
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1 (A) in subparagraph (A), by striking ‘‘may

2 petition’’ and all that follows and insert ‘‘may

3 file a civil action against the head of the unit

4 of the Executive branch in which the employee

5 is employed.’’;

6 (B) by striking subparagraph (B) and in7 serting the following:

8 ‘‘(B) PROCEDURE.—

9 ‘‘(i) DISCRIMINATION ACTIONS.—

10 ‘‘(I) FILING.—The employee may

11 file a civil action under this section

12 with respect to a violation of section

13 302(a) not later than 90 days after

14 the entry of a final order under para15 graph (2).

16 ‘‘(II) CIVIL RIGHTS ACT OF

17 1964.—Except as provided in

18 subclause (IV), the provisions of sub19 sections (f) through (k) of section 706

20 of the Civil Rights Act of 1964, as ap21 plicable, shall govern civil actions

22 brought under this section with re23 spect to violations of section 302(a),

24 and the same interest to compensate

25 for delay in payment shall be available
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1 as in cases involving nonpublic par2 ties.

3 ‘‘(III) SECTION 1977 OF THE RE4 VISED STATUTES.—In such an action

5 alleging discrimination or a violation

6 described in paragraph (1) or (2) of

7 subsection (a) of section 1977A of the

8 Revised Statutes (42 U.S.C. 1981a),

9 the provisions of such section shall

10 also apply.

11 ‘‘(IV) AGE DISCRIMINATION IN

12 EMPLOYMENT ACT OF 1967.—The pro13 visions of section 7 of the Age Dis14 crimination in Employment Act of

15 1967 (29 U.S.C. 626), as applicable,

16 shall govern civil actions brought

17 under this section with respect to vio18 lations of section 302(a)(2).

19 ‘‘(ii) LABOR ACTIONS.—

20 ‘‘(I) FAIR LABOR STANDARDS

21 ACT OF 1938.—The provisions of sec22 tions 16 and 17 of the Fair Labor

23 Standards Act of 1938 (29 U.S.C.

24 216 and 217), as applicable, shall gov25 ern civil actions brought under this
14

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1 section with respect to violations of

2 section 302(b)(1)(A).

3 ‘‘(II) NATIONAL LABOR RELA4 TIONS ACT.—The provisions of sec5 tions 10 and 11 of the National Labor

6 Relations Act (29 U.S.C. 160 and

7 161), as applicable, shall govern civil

8 actions brought under this section

9 with respect to violations of section

10 302(b)(1)(B).

11 ‘‘(III) OCCUPATIONAL SAFETY

12 AND HEALTH ACT OF 1970.—The pro13 visions of sections 11 and 13 of the

14 Occupational Safety and Health Act

15 of 1970 (29 U.S.C. 660 and 662), as

16 applicable, shall govern civil actions

17 brought under this section with re18 spect to violations of section

19 302(b)(1)(C).’’;

20 (C) by striking subparagraph (C);

21 (D) by redesignating subparagraph (D) as

22 subparagraph (C); and

23 (E) in subparagraph (C) (as so redesig24 nated in subparagraph (D) of this para25 graph)—
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1 (i) by inserting ‘‘regarding a violation

2 described in section 302(a)’’ after ‘‘pro3 ceeding under this section’’; and

4 (ii) by adding at the end the following

5 new sentence: ‘‘The court may allow such

6 fees in a proceeding regarding a violation

7 described in section 302(a)(2) to the same

8 extent that such fees would be allowed in

9 an action involving private parties under

10 the Age Discrimination in Employment Act

11 of 1967.’’.

12 (h) STATE EMPLOYEES.—Section 321(a) of the Civil

13 Rights Act of 1991 (2 U.S.C. 1220(a)) is amended by

14 striking ‘‘302 and 307(h)’’ and inserting ‘‘302(a) and

15 307(h)(1)’’.

16 SEC. 3. APPLICATION TO HOUSE OF REPRESENTATIVES.

17 (a) COVERAGE.—

18 (1) DESIGNATION.—Title III of the Civil Rights

19 Act of 1991 (2 U.S.C. 1201 et seq.) is amended—

20 (A) by inserting before section 301 (2

21 U.S.C. 1201) the following:

22 ‘‘Subtitle A—Coverage of the

23 Senate’’;

24 and

25 (B) by adding at the end the following:
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1 ‘‘Subtitle B—Coverage of the House

2 of Representatives’’.

3 (2) FAIR EMPLOYMENT PRACTICES.—Clauses 1

4 through 16 of Rule LI of the Rules of the House of

5 Representatives of the One Hundred Third Congress

6 are transferred to subtitle B of title III of the Civil

7 Rights Act of 1991 (as added by paragraph (1)(B))

8 and redesignated as sections 331 through 339 and

9 sections 341 through 347, respectively, of such Act.

10 (b) REGULATIONS.—Section 331 of the Civil Rights

11 Act of 1991 is amended to read as follows:

12 ‘‘SEC. 331. REGULATIONS.

13 ‘‘(a) IN GENERAL.—

14 ‘‘(1) FAIR LABOR STANDARDS ACT OF 1938.—

15 The head of the Office shall adopt rules applying the

16 rights and protections of the Fair Labor Standards

17 Act of 1938 to the House of Representatives.

18 ‘‘(2) NATIONAL LABOR RELATIONS ACT.—The

19 head of the Office shall adopt rules applying the

20 rights and protections of the National Labor Rela21 tions Act to the House of Representatives.

22 ‘‘(3) OCCUPATIONAL SAFETY AND HEALTH ACT

23 OF 1970.—The Assistant Secretary for Occupational

24 Safety and Health shall adopt rules applying the

25 rights and protections of the Occupational Safety
17

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1 and Health Act of 1970 to the House of Representa2 tives.

3 ‘‘(b) INITIAL RULES.—

4 ‘‘(1) FAIR LABOR STANDARDS ACT OF 1938; NA5 TIONAL LABOR RELATIONS ACT.—Not later than 90

6 days after the date of enactment of this Act, the

7 head of the Office shall adopt—

8 ‘‘(A) rules described in subsection (a)(1)

9 that shall be, as nearly as is possible, identical

10 to the regulations promulgated under sections

11 13 and 15 of the Fair Labor Standards Act of

12 1938; and

13 ‘‘(B) rules described in subsection (a)(2)

14 that shall be, as nearly as is possible, identical

15 to the regulations promulgated under section 8

16 of the National Labor Relations Act,

17 as in effect on the date of enactment of this Act.

18 ‘‘(2) OCCUPATIONAL SAFETY AND HEALTH ACT

19 OF 1970.—Not later than 90 days after the date of

20 enactment of this Act, the Assistant Secretary for

21 Occupational Safety and Health shall adopt rules de22 scribed in subsection (a)(3) that shall be, as nearly

23 as is possible, identical to the regulations promul24 gated under section 5 or 6 of the Occupational Safe-
18

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1 ty and Health Act of 1970, as in effect on the date

2 of enactment of this Act.

3 ‘‘(c) AMENDMENTS TO RULES.—Not later than 90

4 days after the date on which the Secretary of Labor issues

5 any modification to the regulations described in subsection

6 (b), the head of the Office or the Assistant Secretary for

7 Occupational Safety and Health, as appropriate, shall re8 view the rules adopted under this section and shall make

9 appropriate amendments to ensure that the rules shall be,

10 as nearly as is possible, identical to the modified regula11 tions.

12 ‘‘(d) PROCEDURE.—The rules adopted under this sec13 tion, and an explanation of any differences between the

14 rules and the corresponding regulations, shall be submit15 ted to the Speaker for publication in the Congressional

16 Record. Any amendments to the rules shall be made in

17 the same manner. The head of the Office and the Assist18 ant Secretary for Occupational Safety and Health may

19 consult with the Chairman of the Administrative Con20 ference of the United States on the adoption of rules.’’.

21 (c) PROHIBITED PRACTICES.—Section 332 of the

22 Civil Rights Act of 1991 is amended—

23 (1) in the title, by striking ‘‘NONDISCRIMINA24 TION IN EMPLOYMENT’’ and inserting ‘‘VIOLA25 TIONS’’; and
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1 (2) in subsection (a)—

2 (A) by inserting ‘‘(1)’’ before ‘‘Personnel

3 actions’’; and

4 (B) by adding at the end the following new

5 paragraphs:

6 ‘‘(2) The employment of an employee of the House

7 of Representatives shall be made free from acts that—

8 ‘‘(A)(i) are unlawful under section 15 of the

9 Fair Labor Standards Act of 1938 (29 U.S.C. 215),

10 unless exempted pursuant to section 13 of such Act

11 (29 U.S.C. 213);

12 ‘‘(ii) constitute unfair labor practices under sec13 tion 8 of the National Labor Relations Act (29

14 U.S.C. 158); or

15 ‘‘(iii) constitute violations of duties and stand16 ards prescribed under section 5 or 6 of the Occupa17 tional Safety and Health Act of 1970 (29 U.S.C.

18 654 or 655); and

19 ‘‘(B) are determined, in accordance with section

20 331, to be applicable to employment by the House

21 of Representatives.’’.

22 (d) INVESTIGATIONS.—Section 334 of the Civil

23 Rights Act of 1991 is amended—

24 (1) by inserting ‘‘(a)’’ after ‘‘334.’’; and
20

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1 (2) by adding at the end the following new sub2 section:

3 ‘‘(b) The Director shall have the investigative pow4 ers—

5 ‘‘(1) described in sections 709 and 710 of the

6 Civil Rights Act of 1964 (42 U.S.C. 2000e–8 and

7 2000e–9) with respect to a violation described in

8 section 332(a)(1) (except a violation on the basis of

9 age);

10 ‘‘(2) described in section 7 of the Age Discrimi11 nation in Employment Act of 1967 (29 U.S.C. 626)

12 with respect to a violation described in section

13 332(a)(1) on the basis of age;

14 ‘‘(3) described in section 11 of the Fair Labor

15 Standards Act of 1938 (29 U.S.C. 211) with respect

16 to a violation described in section 332(a)(2)(A)(i);

17 ‘‘(4) described in section 11 of the National

18 Labor Relations Act (29 U.S.C. 161) with respect to

19 a violation described in section 332(a)(2)(A)(ii); and

20 ‘‘(5) described in sections 8, 9, and 10 of the

21 Occupational Safety and Health Act of 1970 (29

22 U.S.C. 657, 658, and 659) with respect to a viola23 tion described in section 332(a)(2)(A)(iii),

24 as applicable.’’.
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1 (e) REMEDIES.—Section 339 of the Civil Rights Act

2 of 1991 is amended to read as follows:—

3 ‘‘SEC. 339. REMEDIES.

4 ‘‘(a) CIVIL RIGHTS VIOLATIONS.—In the case of a

5 determination that a violation described in section

6 332(a)(1) (other than a violation based on age) has oc7 curred, the Office or a review panel, as the case may be,

8 shall order such remedies as would be appropriate if

9 awarded under section 706 (g) and (k) of the Civil Rights

10 Act of 1964 (42 U.S.C. 2000e–5 (g) and (k)), and may

11 also order the award of such compensatory damages as

12 would be appropriate if awarded under section 1977 and

13 section 1977A (a) and (b)(2) of the Revised Statutes (42

14 U.S.C. 1981 and 1981A (a) and (b)(2)). In the case of

15 a determination that a violation described in section

16 332(a)(1) based on age has occurred, the Office or review

17 panel shall order such remedies as would be appropriate

18 if awarded under section 15(c) of the Age Discrimination

19 in Employment Act of 1967 (29 U.S.C. 633a(c)), or such

20 civil penalties or damages as would be appropriate if

21 awarded by the Secretary of Labor under section 7(b) of

22 such Act (29 U.S.C. 626(b)).

23 ‘‘(b) LABOR PRACTICES.—

24 ‘‘(1) FAIR LABOR STANDARDS ACT OF 1938.—In

25 the case of a determination that a violation de-
22

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1 scribed in section 332(a)(2)(A)(i) has occurred, the

2 Office or review panel shall order such civil penalties

3 as would be appropriate if awarded by the Secretary

4 of Labor under section 16 of the Fair Labor Stand5 ards Act of 1938 (29 U.S.C. 216).

6 ‘‘(2) NATIONAL LABOR RELATIONS ACT.—In the case

7 of a determination that a violation described in section

8 332(a)(2)(A)(ii) has occurred, the Office or review panel

9 shall order such remedies as would be appropriate if

10 awarded by the National Labor Relations Board under

11 section 10 of the National Labor Relations Act (29 U.S.C.

12 160).

13 ‘‘(3) OCCUPATIONAL SAFETY AND HEALTH ACT OF

14 1970.—In the case of a determination that a violation de15 scribed in section 332(a)(2)(A)(iii) has occurred, the Of16 fice or review panel shall order such civil penalties as

17 would be appropriate if awarded by the Occupational Safe18 ty and Health Review Commission under section 17 of the

19 Occupational Safety and Health Act of 1970 (29 U.S.C.

20 666).

21 ‘‘(c) MONETARY COMPENSATION.—In any case in

22 which the Office or review panel orders payment of mone23 tary compensation, it may order the payment of such com24 pensation from the clerk-hire allowance of a Member of

25 the House of Representatives, or from personnel funds of
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1 a committee of the House of Representatives or other en2 tity, as appropriate, or from the contingent fund of the

3 House of Representatives.’’.

4 (f) JUDICIAL REVIEW.—Subtitle B of the Civil

5 Rights Act of 1991 is amended by inserting after section

6 339 the following new section:

7 ‘‘SEC. 340. JUDICIAL REVIEW.

8 ‘‘(a) IN GENERAL.—Any employee of the House of

9 Representatives aggrieved by a decision entered pursuant

10 to section 337(b) may file a civil action against the head

11 of the employing authority of the employee.

12 ‘‘(b) PROCEDURE.—

13 ‘‘(1) DISCRIMINATION ACTIONS.—

14 ‘‘(A) FILING.—The employee may file a

15 civil action under this section with respect to a

16 violation of section 332(a)(1) not later than 90

17 days after the entry in the Committee on House

18 Administration of a final decision under section

19 337(b).

20 ‘‘(B) CIVIL RIGHTS ACT OF 1964.—Except

21 as provided in subparagraph (D), the provisions

22 of subsections (f) through (k) of section 706 of

23 the Civil Rights Act of 1964, as applicable,

24 shall govern civil actions brought under this

25 section with respect to violations of section
24

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1 332(a)(1), and the same interest to compensate

2 for delay in payment shall be available as in

3 cases involving nonpublic parties.

4 ‘‘(C) SECTION 1977 OF THE REVISED STAT5 UTES.—In such an action alleging discrimina6 tion or a violation described in paragraph (1) or

7 (2) of subsection (a) of section 1977A of the

8 Revised Statutes (42 U.S.C. 1981a), the provi9 sions of such section shall also apply.

10 ‘‘(D) AGE DISCRIMINATION IN EMPLOY11 MENT ACT OF 1967.—The provisions of section

12 7 of the Age Discrimination Act of 1967 (29

13 U.S.C. 626), as applicable, shall govern civil ac14 tions brought under this section with respect to

15 violations of section 332(a)(1) brought on the

16 basis of age.

17 ‘‘(2) LABOR ACTIONS.—

18 ‘‘(A) FAIR LABOR STANDARDS ACT OF

19 1938.—The provisions of sections 16 and 17 of

20 the Fair Labor Standards Act of 1938 (29

21 U.S.C. 216 and 217), as applicable, shall gov22 ern civil actions brought under this section with

23 respect to violations of section 332(a)(2)(A)(i)

24 ‘‘(B) NATIONAL LABOR RELATIONS ACT.—

25 The provisions of sections 10 and 11 of the Na-
25

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1 tional Labor Relations Act (29 U.S.C. 160 and

2 161), as applicable, shall govern civil actions

3 brought under this section with respect to viola4 tions of section 332(a)(2)(A)(ii).

5 ‘‘(C) OCCUPATIONAL SAFETY AND HEALTH

6 ACT OF 1970.—The provisions of sections 11

7 and 13 of the Occupational Safety and Health

8 Act of 1970 (29 U.S.C. 660 and 662), as appli9 cable, shall govern civil actions brought under

10 this section with respect to violations of section

11 332(a)(2)(A)(iii).

12 ‘‘(c) ATTORNEY’S FEES.—If an employee is the pre13 vailing party in a proceeding under this section regarding

14 a violation (other than a violation on the basis of age)

15 described in section 332(a)(1), attorney’s fees may be al16 lowed by the court in accordance with the standards pre17 scribed under section 706(k) of the Civil Rights Act of

18 1964 (42 U.S.C. 2000e–5(k)). The court may allow such

19 fees in a proceeding regarding a violation described in sec20 tion 332(a)(1) on the basis of age to the same extent that

21 such fees would be allowed in an action involving private

22 parties under the Age Discrimination in Employment Act

23 of 1967.’’.

24 (g) TECHNICAL AND CONFORMING AMENDMENTS.—
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1 (1) Subtitle A of title III of the Civil Rights Act

2 of 1991 (2 U.S.C. 1201 et seq.) (as so designated

3 in subsection (a)(1)(A) of this section) is amended

4 by striking ‘‘this title’’ each place the term appears

5 and inserting ‘‘this subtitle’’.

6 (2) Subtitle B of title III of the Civil Rights

7 Act of 1991 (as so designated in subsection

8 (a)(1)(B) of this section) is amended—

9 (A) in section 332, by striking ‘‘paragraph

10 (a)’’ each place the term appears and inserting

11 ‘‘subsection (a)’’;

12 (B) in section 333—

13 (i) by striking ‘‘clause 2’’ and insert14 ing ‘‘section 332’’;

15 (ii) in subsection (a), by striking

16 ‘‘clause 5’’ and inserting ‘‘section 335’’;

17 (iii) in subsection (b), by striking

18 ‘‘clause 6’’ and inserting ‘‘section 336’’;

19 and

20 (iv) in subsection (c), by striking

21 ‘‘clause 7’’ and inserting ‘‘section 337’’;

22 (C) in the first sentence of section

23 335(a)—

24 (i) by striking ‘‘clause 2’’ and insert25 ing ‘‘section 332’’; and
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1 (ii) by striking ‘‘that clause’’ and in2 serting ‘‘such section’’;

3 (D) in section 336—

4 (i) in subsection (b)—

5 (I) in paragraph (1), by striking

6 ‘‘paragraph (a)’’ and inserting ‘‘sub7 section (a)’’; and

8 (II) in paragraph (2), by striking

9 ‘‘clause 4’’ and inserting ‘‘section

10 334’’; and

11 (ii) in subsection (c), by striking

12 ‘‘clause 2’’ and inserting ‘‘section 332’’;

13 (E) in section 337—

14 (i) in subsection (a), by striking

15 ‘‘clause 6’’ and inserting ‘‘section 336’’;

16 and

17 (ii) in subsection (b)—

18 (I) by striking ‘‘this clause’’ and

19 inserting ‘‘this section’’;

20 (II) by striking ‘‘clause 6(b)(3)’’

21 and inserting ‘‘section 336(b)(3)’’;

22 and

23 (III) by striking ‘‘paragraph (a)’’

24 and inserting ‘‘subsection (a)’’;

25 (F) in section 338—
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1 (i) by striking ‘‘clause 6’’ each place

2 the term appears and inserting ‘‘section

3 336’’; and

4 (ii) in paragraph (2), by striking

5 ‘‘clause 7’’ and inserting ‘‘section 337’’;

6 (G) in section 342, by striking ‘‘clause 2’’

7 and inserting ‘‘section 332’’; and

8 (H) in section 343—

9 (i) by striking ‘‘clause 6’’ and insert10 ing ‘‘section 336’’; and

11 (ii) by striking ‘‘clause 7’’ and insert12 ing ‘‘section 337’’.

13 (3) Subtitle B of title III of the Civil Rights

14 Act of 1991 (as so redesignated by subsection

15 (a)(1)(B)) is amended in section 334, sections 341

16 through 344, section 346, and section 347, by strik17 ing ‘‘this rule’’ each place the term appears and in18 serting ‘‘this subtitle’’.

19 (4) Section 1977A of the Revised Statutes (42

20 U.S.C. 1981a) is amended—

21 (A) by striking ‘‘(other than a government,

22 government agency or political subdivision)’’;

23 and

24 (B) by adding at the end the following new

25 sentence: ‘‘A complaining party may not recover
29

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1 punitive damages against a government, govern2 ment agency, or political subdivision except in

3 accordance with title III of the Civil Rights Act

4 of 1991.’’.

5 SEC. 4. INSTRUMENTALITIES OF CONGRESS.

6 (a) APPLICATION.—Section 117(b)(1) of the Civil

7 Rights Act of 1991 (2 U.S.C. 60l(b)(1)) is amended by

8 striking ‘‘this title’’ and all that follows through ‘‘shall’’

9 and inserting ‘‘the provisions specified in section 302 of

10 the Civil Rights Act of 1991 shall’’.

11 (b) REMEDIES AND PROCEDURES.—Section

12 117(b)(2) of the Civil Rights Act of 1991 (2 U.S.C

13 60l(b)(2)) and section 509(c)(2) of the Americans with

14 Disabilities Act of 1990 (42 U.S.C. 12209(c)(2)) are

15 amended by inserting after the first sentence the follow16 ing: ‘‘Such remedies and procedures shall be as similar

17 as is practicable to the remedies and procedures prescribed

18 for Senate employees and employing offices in subtitle A

19 of title III.’’.

Æ

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