I

103D CONGRESS

1ST SESSION H. R. 370

To make the Age Discrimination in Employment Act of 1967 applicable

to the House of Representatives and the instrumentalities of the Congress, to give certain employees of the House of Representatives and

the instrumentalities of the Congress the right to petition for judicial

review for violations of certain laws and rules concerning civil rights

and employment practices, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 5, 1993

Ms. SNOWE introduced the following bill; which was referred jointly to the

Committees on House Administration, Education and Labor, Rules, and

the Judiciary

A BILL

To make the Age Discrimination in Employment Act of

1967 applicable to the House of Representatives and

the instrumentalities of the Congress, to give certain

employees of the House of Representatives and the instrumentalities of the Congress the right to petition for

judicial review for violations of certain laws and rules

concerning civil rights and employment practices, and

for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION. 1. AGE DISCRIMINATION IN EMPLOYMENT ACT

2 OF 1967.

3 (a) APPLICATION TO HOUSE OF REPRESENTA4 TIVES.—

5 (1) IN GENERAL.—The rights and protections

6 of the Age Discrimination in Employment Act of

7 1967 (29 U.S.C. 621 et seq.) shall, subject to para8 graph (2), apply with respect to any individual who

9 occupies an employment position or who is an appli10 cant for an employment position, as well as to any

11 employing authority of the House of Representa12 tives.

13 (2) ADMINISTRATION.—In the administration of

14 this subsection, the remedies and procedures re15 ferred to in the Fair Employment Practices Resolu16 tion shall apply.

17 (3) EXERCISE OF RULEMAKING POWER.—The

18 provisions of paragraph (2) are enacted by the

19 House of Representatives as an exercise of the rule20 making power of the House of Representatives, with

21 full recognition of the right of the House to change

22 its rules, in the same manner, and to the same ex23 tent as in any other rule of the House.

24 (b) APPLICATION TO INSTRUMENTALITIES OF THE

25 CONGRESS.—
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1 (1) IN GENERAL.—The rights and protections

2 of the Age Discrimination in Employment Act of

3 1967 (29 U.S.C. 621 et seq.) shall, subject to para4 graph (2), apply with respect to any individual who

5 is an employee of, or an applicant for employment

6 with, an instrumentality of the Congress.

7 (2) ESTABLISHMENT OF REMEDIES AND PRO8 CEDURES.—The chief official of each instrumentality

9 of the Congress shall establish remedies and proce10 dures to be utilized with respect to the rights and

11 protections provided pursuant to paragraph (1).

12 (3) REPORT TO THE CONGRESS.—The chief of13 ficial of each instrumentality of the Congress shall,

14 after establishing remedies and procedures for pur15 poses of paragraph (2), submit to the Congress a re16 port describing the remedies and procedures.

17 SEC. 2. APPLICATION OF FAIR LABOR STANDARDS ACT TO

18 INSTRUMENTALITIES OF THE CONGRESS.

19 (a) IN GENERAL.—The rights and protections of the

20 Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.)

21 shall, subject to subsection (b), apply with respect to any

22 individual who is employed by an instrumentality of the

23 Congress.

24 (b) ESTABLISHMENT OF REMEDIES AND PROCE25 DURES.—The chief official of each instrumentality of the
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1 Congress shall establish remedies and procedures to be

2 utilized with respect to the rights and protections provided

3 pursuant to subsection (a).

4 (c) REPORT TO THE CONGRESS.—The chief official

5 of each instrumentality of the Congress shall, after estab6 lishing remedies and procedures for purposes of subsection

7 (b), submit to the Congress a report describing the rem8 edies and procedures.

9 (d) ARCHITECT OF THE CAPITOL.—The Architect of

10 the Capitol shall, no later than 90 days after the date of

11 enactment of this Act, submit a report to the Congress

12 describing steps taken to implement section 8(b) of the

13 Fair Labor Standards Amendments of 1989 (2 U.S.C.

14 60k(b)).

15 SEC. 3. RECOMMENDATIONS ON THE OCCUPATIONAL SAFE16 TY AND HEALTH ACT.

17 It is the sense of the House of Representatives that

18 the Committee on House Administration should review the

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

20 651 et seq.) and make recommendations to the House of

21 Representatives regarding the application of such Act to

22 the House.

23 SEC. 4. JUDICIAL REVIEW.

24 (a) APPLICATION TO HOUSE OF REPRESENTA25 TIVES.—
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1 (1) IN GENERAL.—Any individual who occupies

2 an employment position or who is an applicant for

3 an employment position, and who has been aggrieved

4 by a violation of section 2(a) of the Fair Employ5 ment Practices Resolution (relating to non6 discrimination), section 1(a)(1) of this Act, section

7 117(a)(2)(A) of the Civil Rights Act of 1991 (2

8 U.S.C. 60l), section 8(a)(1) of the Fair Labor

9 Standards Amendment of 1989 (2 U.S.C. 60k), or

10 section 509(b)(2)(A) of the Americans with Disabil11 ities Act of 1990 (42 U.S.C. 12209(b)(2)(A)) may,

12 following a final decision pursuant to the Fair Em13 ployment Practices Resolution regarding such viola14 tion, petition for review by the United States Court

15 of Appeals for the Federal Circuit.

16 (2) VIOLATIONS BY MEMBERS OF THE HOUSE

17 OF REPRESENTATIVES.—It is the sense of the House

18 of Representatives that the Rules of the House of

19 Representatives should be amended to address the

20 issue of the source of payments made by the House

21 to satisfy a judgment against a Representative in, or

22 Delegate or Resident Commissioner to, the Congress

23 who has been found guilty by the United States

24 Court of Appeals for the Federal Circuit of a viola-
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1 tion of one of the sections referred to in paragraph

2 (1).

3 (b) APPLICATION TO THE INSTRUMENTALITIES OF

4 THE CONGRESS.—

5 (1) AGE DISCRIMINATION IN EMPLOYMENT ACT

6 OF 1967.—Any employee of an instrumentality of the

7 Congress, who has been aggrieved by a violation of

8 section 1(b)(1) of this Act may, following a final de9 cision pursuant to section 1(b)(2) of this Act, peti10 tion for review by the United States Court of Ap11 peals for the Federal Circuit.

12 (2) AMERICANS WITH DISABILITIES ACT.—Any

13 employee of an instrumentality of the Congress who

14 has been aggrieved by a violation of section

15 509(c)(1) of the Americans with Disabilities Act of

16 1990 (42 U.S.C. 12209(c)(1)) may, following a final

17 decision pursuant to subsection (c)(2) of such Act,

18 petition for review by the United States Court of

19 Appeals for the Federal Circuit.

20 (3) CIVIL RIGHTS ACT OF 1991.—Any employee

21 of an instrumentality of the Congress who has been

22 aggrieved by a violation of section 117(b)(1) of the

23 Civil Rights Act of 1991 (2 U.S.C. 60l) may, follow24 ing a final decision pursuant to subsection (b)(3) of
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1 such Act, petition for review by the United States

2 Court of Appeals for the Federal Circuit.

3 (4) FAIR LABOR STANDARDS ACT.—Any em4 ployee of an instrumentality of the Congress who

5 has been aggrieved by a violation of section 2(a) of

6 this Act may, following a final decision pursuant to

7 section 2(b) of this Act, petition for review by the

8 United States Court of Appeals for the Federal Cir9 cuit.

10 (c) SCOPE OF JUDICIAL REVIEW.—A petition for re11 view authorized by subsection (a) or (b) shall be filed not

12 later than 90 days following receipt by the aggrieved indi13 vidual of a written final decision referred to in such sub14 section. The court shall decide all relevant questions of

15 law and shall interpret constitutional and statutory provi16 sions. The court shall set aside the decision if the court

17 determines that the decision is—

18 (1) arbitrary, capricious, an abuse of discretion,

19 or otherwise not consistent with law;

20 (2) not made consistent with required proce21 dures; or

22 (3) not supported by substantial evidence.

23 In making its determination, the court shall review the

24 whole record or those parts of the record cited by a party,

25 and due account shall be taken of prejudicial error. If the
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1 aggrieved individual is the prevailing party in an appeal

2 under this section, a reasonable attorney’s fee may be al3 lowed by the court in accordance with the standards estab4 lished under section 706(k) of the Civil Rights Act of 1964

5 (42 U.S.C. 2000e–5(k)).’’.

6 SEC. 5. CONFORMING AMENDMENTS.

7 (a) AMERICANS WITH DISABILITIES ACT.—Section

8 509 of the Americans with Disabilities Act of 1990 (42

9 U.S.C. 12209(b)(2)) is amended—

10 (1) by amending subsection (b)(2)(B) to read

11 as follows:

12 ‘‘(B) ADMINISTRATION.—This paragraph

13 shall be administered according to the Fair Em14 ployment Practices Resolution (House Resolu15 tion 558 of the One Hundredth Congress, as

16 agreed to October 4, 1988), as incorporated

17 into the Rules of the House of Representatives

18 as rule LI, or any other provision or resolution

19 that continues in effect the provisions of such

20 resolution.’’; and

21 (2) in subsection (c)(2) by striking ‘‘Such rem22 edies and procedures shall apply exclusively.’’.

23 (b) CIVIL RIGHTS ACT OF 1991.—Section 117 of the

24 Civil Rights Act of 1991 (2 U.S.C. 60l) is amended—
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1 (1) by amending subsection (a)(2)(B) to read

2 as follows:

3 ‘‘(B) ADMINISTRATION.—This paragraph

4 shall be administered according to the Fair Em5 ployment Practices Resolution (House Resolu6 tion 558 of the One Hundredth Congress, as

7 agreed to October 4, 1988), as incorporated

8 into the Rules of the House of Representatives

9 as rule LI, or any other provision or resolution

10 that continues in effect the provisions of such

11 resolution.’’; and

12 (2) in section (b)(2) by striking ‘‘Such remedies

13 and procedures shall apply exclusively, except for the

14 employees who are defined as Senate employees, in

15 section 301(c)(1).’’.

16 SEC. 6. DEFINITIONS.

17 For the purposes of this Act—

18 (1) the terms ‘‘employment position’’ and ‘‘em19 ploying authority’’ have the meaning given such

20 terms in the Fair Employment Practices Resolution;

21 (2) the term ‘‘Fair Employment Practices Reso22 lution’’ means House Resolution 558 of the One

23 Hundredth Congress, as agreed to October 4, 1988,

24 and as incorporated into the Rules of the House of

25 Representatives as rule LI, or any other provision or
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1 resolution that continues in effect the provisions of

2 such resolution; and

3 (3) the term ‘‘instrumentalities of the Con4 gress’’ shall include the following: the Architect of

5 the Capitol, the Congressional Budget Office, the

6 General Accounting Office, the Government Printing

7 Office, the Library of Congress, the Office of Tech8 nology Assessment, and the United States Botanic

9 Garden, except that—

10 (A) for purposes of sections 1(b) and

11 4(b)(1), such term shall not include the Library

12 of Congress; and

13 (B) for purposes of section 4(b)(4), and of

14 subsections (a), (b), and (c) of section 2, such

15 term shall not include the Architect of the Cap16 itol.

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