I

103D CONGRESS

2D SESSION H. R. 1111

To amend title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act of 1967 to improve the effectiveness of administrative review of employment discrimination claims made by Federal

employees; and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 24, 1993

Mr. MARTINEZ (for himself, Mr. FORD of Michigan, Mr. KILDEE, Mr. OWENS,

Ms. WOOLSEY, Mr. CONYERS, Mr. HOYER, Mrs. SCHROEDER, Mr. MILLER of California, Mrs. MORELLA, Mrs. MINK, Mr. DELLUMS, Mr.

STOKES, Mr. ACKERMAN, Mrs. COLLINS of Illinois, Mr. FRANK of Massachusetts, Mr. FAZIO, Mr. MORAN, Mr. PAYNE of New Jersey, and Mr.

SANDERS) introduced the following bill; which was referred jointly to the

Committees on Education and Labor and Post Office and Civil Service

MARCH 9, 1994

Additional sponsors: Mr. BAESLER, Ms. PELOSI, Mr. TOWNS, Mr. SAWYER,

Ms. SLAUGHTER, Mr. RUSH, Mr. JEFFERSON, Mr. BLACKWELL, Mr.

OLVER, Mr. HASTINGS, Ms. SNOWE, Mr. SMITH of New Jersey, Mr. FOGLIETTA, Mr. SERRANO, and Mr. MINETA

A BILL

To amend title VII of the Civil Rights Act of 1964 and

the Age Discrimination in Employment Act of 1967 to

improve the effectiveness of administrative review of employment discrimination claims made by Federal employees; 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. SHORT TITLE

2 This Act may be cited as the ‘‘Federal Employee

3 Fairness Act of 1993’’.

4 SEC. 2. AMENDMENTS RELATING TO ADMINISTRATIVE DE5 TERMINATION OF FEDERAL EMPLOYEE DIS6 CRIMINATION CLAIMS.

7 (a) DEFINITIONS.—Section 701 of the Civil Rights

8 Act of 1964 (42 U.S.C. 2000e) is amended—

9 (1) in paragraph (f) by striking ‘‘The term’’

10 and inserting ‘‘Except when it appears as part of the

11 term ‘Federal employee’, the term’’, and

12 (2) by adding at the end the following:

13 ‘‘(o) The term ‘Commission’ means the Equal Em14 ployment Opportunity Commission.

15 ‘‘(p) The term ‘entity of the Federal Government’

16 means an entity to which section 717(a) applies, except

17 that such term does not include the Library of Congress.

18 ‘‘(q) The term ‘Federal employee’ means an individ19 ual employed by, or who applies for employment with, an

20 entity of the Federal Government.

21 ‘‘(r) The term ‘Federal employment’ means employ22 ment by an entity of the Federal Government.

23 ‘‘(s) The terms ‘government’, ‘government agency’,

24 and ‘political subdivision’ do not include an entity of the

25 Federal Government.’’.
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1 (b) EEOC DETERMINATION OF FEDERAL EMPLOY2 MENT DISCRIMINATION CLAIMS.—Section 717 of the Civil

3 Rights Act of 1964 (42 U.S.C. 2000e–16) is amended—

4 (1) in subsection (b)—

5 (A) in the first paragraph (2) by striking

6 ‘‘and’’ at the end,

7 (B) in paragraph (3) by striking the period

8 and inserting ‘‘; and’’, and

9 (C) by inserting after paragraph (3) the

10 following:

11 ‘‘(4) require each entity of the Federal Govern12 ment—

13 ‘‘(A) to make counseling available to Fed14 eral employees who choose to notify such entity

15 that they believe such entity has discriminated

16 against them in violation of subsection (a), for

17 the purpose of trying to resolve the matters

18 with respect to which such discrimination is al19 leged (Such entity shall assist such employee to

20 identify the respondent required by subsection

21 (c)(1) to be named in a complaint alleging such

22 violation, shall inform such Federal employee

23 individually of the procedures and deadlines

24 that apply under this section to a claim alleging

25 such discrimination, and shall make such coun-
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1 seling available throughout the administrative

2 process.);

3 ‘‘(B) to establish a voluntary alternative

4 dispute process to resolve complaints, except

5 that a Federal employee’s decision to forgo such

6 process shall not affect the rights of such em7 ployee under this title;

8 ‘‘(C) not to discourage Federal employees

9 from filing complaints on any matter relating to

10 discrimination in violation of this section; and

11 ‘‘(D) not to require Federal employees to

12 participate in counseling made available under

13 subparagraph (A) or in a dispute resolution

14 process made available under subparagraph

15 (B).’’,

16 (2) by striking subsection (c),

17 (3) in subsection (d)—

18 (A) by striking ‘‘(k)’’ and inserting ‘‘(j)’’,

19 (B) by striking ‘‘brought hereunder’’ and

20 inserting ‘‘commenced under this section’’, and

21 (C) by adding at the end the following:

22 ‘‘The head of the department, unit, or agency in which

23 discrimination in violation of subsection (a) is alleged to

24 have occurred shall be the defendant in a civil action alleg25 ing such violation. In any action or proceeding under this
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1 section, the court, in its discretion, may allow the prevail2 ing party (other than an entity of the Federal Govern3 ment) a reasonable attorney’s fee (including expert fees

4 and other litigation expenses), costs, and the same interest

5 to compensate for delay in payment as a court has author6 ity to award under section 706(k), as amended from time

7 to time.’’,

8 (4) by redesignating subsections (d) and (e) as

9 subsections (m) and (n), respectively, and

10 (5) by inserting after subsection (b) the follow11 ing:

12 ‘‘(c)(1)(A) Except as provided in subparagraph (B),

13 a complaint filed by or on behalf of a Federal employee

14 or a class of Federal employees and alleging a claim of

15 discrimination arising under subsection (a) shall name as

16 the respondent, and be filed with, the head of the depart17 ment, agency, or unit in which such discrimination is al18 leged to have occurred, or with the Commission, not later

19 than 180 days after the alleged discrimination occurs.

20 ‘‘(B) If, not later than 180 days after the alleged dis21 crimination occurs, the complaint is filed—

22 ‘‘(i) with such department, agency, or unit and

23 fails to name the head of the department, agency, or

24 unit as the respondent; or
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1 ‘‘(ii) with any other entity of the Federal Gov2 ernment, regardless of the respondent named;

3 the complaint shall be considered to be filed in compliance

4 with subparagraph (A).

5 ‘‘(2)(A) If the complaint is filed with an entity of the

6 Federal Government other than the department, agency,

7 or unit in which such discrimination is alleged to have oc8 curred, then—

9 ‘‘(i) such entity (other than the Commission)

10 shall transmit the complaint to the Commission, not

11 later than 15 days after receiving the complaint; and

12 ‘‘(ii) the Commission shall transmit a copy of

13 the complaint, not later than 10 days after receiving

14 the complaint, to the head of the department, agen15 cy, or unit in which such discrimination is alleged to

16 have occurred (hereinafter in this section referred to

17 as the ‘respondent’).

18 ‘‘(3)(A) Not later than 3 days after the respondent

19 receives the complaint from a source other than the Com20 mission, the respondent shall notify the Commission that

21 the respondent has received the complaint and shall in22 form the Commission of the identity of the Federal em23 ployee aggrieved by the discrimination alleged in the com24 plaint.
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1 ‘‘(B) Not later than 10 days after the respondent or

2 the Merit Systems Protection Board receives the com3 plaint from a source other than the Commission, the re4 spondent or the Board shall transmit to the Commission

5 a copy of the complaint.

6 ‘‘(d) Throughout the period beginning on the date the

7 respondent receives the complaint and ending on the latest

8 date by which all administrative and judicial proceedings

9 available under this section have been concluded with re10 spect to such claim, the respondent shall collect and pre11 serve documents and information (including the com12 plaint) that are relevant to such claim, including the docu13 ments and information that comply with rules issued by

14 the Commission.

15 ‘‘(e)(1) The respondent shall make reasonable efforts

16 to conciliate each claim alleged in the complaint during—

17 ‘‘(A) the 30-day period; or

18 ‘‘(B) with the written consent of the aggrieved

19 Federal employee, the 60-day period;

20 beginning on the date the respondent receives the com21 plaint.

22 ‘‘(2) Before the expiration of the applicable period

23 specified in paragraph (1) and with respect to such claim,

24 the respondent shall—
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1 ‘‘(A) enter into a settlement agreement with

2 such Federal employee; or

3 ‘‘(B) give formal written notice to such Federal

4 employee that such Federal employee may, before

5 the expiration of the 90-day period beginning on the

6 date such Federal employee receives such notice, ei7 ther—

8 ‘‘(i) file with the Commission—

9 ‘‘(I) a written request for a deter10 mination of such claim under subsection

11 (f) by an administrative judge of the Com12 mission;

13 ‘‘(II) if such claim alleges an action

14 appealable to the Merit System Protection

15 Board, a written request electing that a

16 determination of such claim be made under

17 the procedures specified in either subpara18 graph (A) or (B) of section 7702(a)(2) of

19 title 5, United States Code, or a request

20 described in subclause (I); or

21 ‘‘(III) if such claim alleges a grievance

22 that is subject to section 7121 of title 5,

23 United States Code, but not appealable to

24 the Merit Systems Protection Board, a

25 written request to raise such claim under
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1 the administrative and judicial procedures

2 provided in such section 7121 or a request

3 described in subclause (I); or

4 ‘‘(ii) commence a civil action in an appro5 priate district court of the United States for de

6 novo review of such claim.

7 ‘‘(3)(A) Such Federal employee may file a written re8 quest described in paragraph (2)(B)(i), or commence a

9 civil action described in paragraph (2)(B)(ii), at any

10 time—

11 ‘‘(i) after the expiration of the applicable period

12 specified in paragraph (1); and

13 ‘‘(ii) before the expiration of the 90-day period

14 specified in paragraph (2).

15 ‘‘(B) If such Federal employee files a written request

16 under subclause (II) or (III) of paragraph (2)(B)(i) and

17 in accordance with subparagraph (A), the Commission

18 shall transmit, not later than 10 days after receipt of such

19 request, the complaint to the appropriate agency for deter20 mination.

21 ‘‘(f)(1) If such Federal employee files a written re22 quest under subsection (e)(2)(B)(i)(I) and in accordance

23 with subsection (e)(3)(A) with the Commission for a deter24 mination under this subsection of a claim with respect to

25 which notice is required by subsection (e)(2), then the
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1 Commission shall transmit a copy of such request to the

2 respondent and shall appoint an administrative judge of

3 the Commission to determine such claim.

4 ‘‘(2) Immediately after receiving a copy of a request

5 under subsection (e)(2)(B)(i), the respondent shall trans6 mit—

7 ‘‘(A) to the Commission if such request is for

8 a determination under this subsection; or

9 ‘‘(B) to the Merit Systems Protection Board if

10 such request is for a determination be made under

11 the procedures specified in section 7702(a)(2)(A) of

12 title 5 of the United States Code;

13 a copy of all documents and information collected by the

14 respondent under subsection (d) with respect to such

15 claim.

16 ‘‘(3)(A)(i) If the administrative judge determines

17 there are reasonable grounds to believe that to carry out

18 the purposes of this section it is necessary to stay a per19 sonnel action by the respondent against the aggrieved

20 Federal employee, the administrative judge may request

21 any member of the Commission to issue a stay against

22 such personnel action for 15 calendar days.

23 ‘‘(ii) A stay requested under clause (i) shall take ef24 fect on the earlier of—

25 ‘‘(I) the order of such member; and
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1 ‘‘(II) the fourth calendar day (excluding Satur2 day, Sunday, and any legal public holiday) following

3 the date on which such stay is requested.

4 ‘‘(B) The administrative judge may request any

5 member of the Commission to extend, for a period not to

6 exceed 30 calendar days, a stay issued under subpara7 graph (A).

8 ‘‘(C) The administrative judge may request the Com9 mission to extend such stay for any period the Commission

10 considers to be appropriate beyond the period in effect

11 under subparagraph (A) or (B).

12 ‘‘(D)(i) Members of the Commission shall have au13 thority to issue and extend a stay for the periods referred

14 to in subparagraphs (A) and (B). The Commission shall

15 have authority to extend a stay in accordance with sub16 paragraph (C) for any period.

17 ‘‘(ii) The respondent shall comply with a stay in ef18 fect under this paragraph.

19 ‘‘(4) The administrative judge shall determine wheth20 er the documents and information received under para21 graph (2) comply with subsection (d) and are complete

22 and accurate. If the administrative judge finds that the

23 respondent has failed to produce the documents and infor24 mation necessary to comply with such subsection, the ad25 ministrative judge shall, in the absence of good cause
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1 shown by the respondent, impose any of the sanctions

2 specified in paragraph (6)(C) and shall require the re3 spondent—

4 ‘‘(A) to obtain any additional documents and

5 information necessary to comply with such sub6 section; and

7 ‘‘(B) to correct any inaccuracy in the docu8 ments and information so received.

9 ‘‘(5)(A) After examining the documents and informa10 tion received under paragraph (4), the administrative

11 judge shall issue an order dismissing—

12 ‘‘(i) any frivolous claim alleged in the com13 plaint; and

14 ‘‘(ii) the complaint if it fails to state a

15 nonfrivolous claim for which relief may be granted

16 under this section.

17 ‘‘(B)(i) If a claim or the complaint is dismissed under

18 subparagraph (A), the administrative judge shall give for19 mal written notice to the aggrieved Federal employee that

20 such Federal employee may, before the expiration of the

21 90-day period beginning on the date such Federal em22 ployee receives such notice—

23 ‘‘(I) file with the Commission a written request

24 for appellate review of such order; or
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1 ‘‘(II) commence a civil action in an appropriate

2 district court of the United States for de novo review

3 of such claim or such complaint.

4 ‘‘(ii) Such Federal employee may commence such civil

5 action in 90-day period specified in clause (i).

6 ‘‘(6)(A)(i) If the complaint is not dismissed under

7 paragraph (5)(A), the administrative judge shall make a

8 determination, after an opportunity for a hearing, on the

9 merits of each claim that is not dismissed under such

10 paragraph. The administrative judge shall make a deter11 mination on the merits of any other nonfrivolous claim

12 under this title, and on any action such Federal employee

13 may appeal to the Merit Systems Protection Board, rea14 sonably expected to arise from the facts on which the com15 plaint is based.

16 ‘‘(ii) As soon as practicable, the administrative judge

17 shall—

18 ‘‘(I) determine whether the administrative pro19 ceeding with respect to such claim may be main20 tained as a class proceeding; and

21 ‘‘(II) if the administrative proceeding may be so

22 maintained, shall describe those whom the adminis23 trative judge finds to be members of such class.

24 ‘‘(B) With respect to such claim, a party may conduct

25 discovery by such means as may be available in a civil ac-
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1 tion to the extent deemed appropriate by the administra2 tive judge.

3 ‘‘(C) If the aggrieved Federal employee or the re4 spondent fails without good cause to respond fully and in

5 a timely fashion to a request made or approved by the

6 administrative judge for information or the attendance of

7 a witness, and if such information or such witness is solely

8 in the control of the party who so fails to respond, then

9 the administrative judge may, in appropriate cir10 cumstances—

11 ‘‘(i) draw an adverse inference that the re12 quested information, or the testimony of the re13 quested witness, would have reflected unfavorably on

14 the party who so fails to respond;

15 ‘‘(ii) consider the matters to which such infor16 mation or such testimony pertains to be established

17 in favor of the opposing party;

18 ‘‘(iii) exclude other evidence offered by the

19 party who so fails to respond;

20 ‘‘(iv) grant full or partial relief to the aggrieved

21 Federal employee; or

22 ‘‘(v) take such other action the administrative

23 judge considers to be appropriate.

24 ‘‘(D) In a hearing on a claim, the administrative

25 judge shall—
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1 ‘‘(i) limit attendance to persons who have a di2 rect connection with such claim;

3 ‘‘(ii) bring out pertinent facts and relevant em4 ployment practices and policies, but—

5 ‘‘(I) exclude irrelevant or unduly repeti6 tious information; and

7 ‘‘(II) not apply the Federal Rules of Evi8 dence strictly;

9 ‘‘(iii) permit all parties to examine and cross10 examine witnesses; and

11 ‘‘(iv) require that testimony be given under

12 oath or affirmation.

13 ‘‘(E) At the request of any party or the administra14 tive judge, a transcript of all or part of such hearing shall

15 be provided in a timely manner and simultaneously to the

16 parties and the Commission. The respondent shall bear

17 the cost of providing such transcript.

18 ‘‘(F) The administrative judge shall have authority—

19 ‘‘(i) to administer oaths and affirmation;

20 ‘‘(ii) to regulate the course of hearings;

21 ‘‘(iii) to rule on offers of proof and receive evi22 dence;

23 ‘‘(iv) to issue subpoenas to compel—

24 ‘‘(I) the production of documents or infor25 mation by the entity of the Federal Government
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1 in which discrimination is alleged to have oc2 curred; and

3 ‘‘(II) the attendance of witnesses who are

4 Federal officers or employees of such entity;

5 ‘‘(v) to request the Commission to issue subpoe6 nas to compel the production of documents or infor7 mation by any other entity of the Federal Govern8 ment and the attendance of other witnesses, except

9 that any witness who is not an officer or employee

10 of an entity of the Federal Government may be com11 pelled only to attend any place—

12 ‘‘(I) less than 100 miles from the place

13 where such witness resides, is employed, trans14 acts business in person, or is served; or

15 ‘‘(II) at such other convenient place as is

16 fixed by the administrative judge;

17 and shall be paid fees and allowances, by the party

18 that requests the subpoena, to the same extent that

19 fees and allowances are paid to witnesses under

20 chapter 119 of title 28, United States Code, as

21 amended from time to time;

22 ‘‘(vi) to exclude witnesses whose testimony

23 would be unduly repetitious;
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1 ‘‘(vii) to exclude any person from a hearing for

2 contumacious conduct, or for misbehavior, that ob3 structs such hearing; and

4 ‘‘(viii) to grant any and all relief of a kind de5 scribed in subsections (g) and (k) of section 706, as

6 amended from time to time.

7 ‘‘(G) The administrative judge and Commission shall

8 have authority to award a reasonable attorney’s fee (in9 cluding expert fees and other litigation expenses), costs,

10 and the same interest to compensate for delay in payment

11 as a court has authority to award under section 706(k),

12 as amended from time to time.

13 ‘‘(H) The Commission shall have authority to issue

14 subpoenas described in subparagraph (F)(v).

15 ‘‘(I) In the case of contumacy or failure to obey a

16 subpoena issued under subparagraph (F) or (H), the Unit17 ed States district court for the judicial district in which

18 the person to whom the subpoena is addressed resides or

19 is served may issue an order requiring such person to ap20 pear at any designated place to testify or to produce docu21 mentary or other evidence.

22 ‘‘(7)(A) Except as provided in subparagraph (B), the

23 administrative judge shall issue a written order making

24 the determination required by paragraph (6)(A), and

25 granting or denying relief, not later than—
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1 ‘‘(i) 210 days after the complaint containing

2 such claim is filed on behalf of a Federal employee;

3 or

4 ‘‘(ii) 270 days after the complaint containing

5 such claim is filed on behalf of a class of Federal

6 employees;

7 except that these time periods shall not begin running

8 until 30 days after the administrative judge is assigned

9 to the case if the administrative judge certifies, in writing,

10 that such 30-day period is needed to secure additional doc11 uments or information from the respondent to have a com12 plete administrative record.

13 ‘‘(B) The administrative judge shall issue such order

14 not later than 30 days after the applicable period specified

15 in subparagraph (A) if the administrative judge certifies

16 in writing, before the expiration of such applicable pe17 riod—

18 ‘‘(i) that such 30-day period is necessary to

19 make such determination; and

20 ‘‘(ii) the particular and unusual circumstances

21 that prevent the administrative judge from comply22 ing with the applicable period specified in subpara23 graph (A).

24 ‘‘(C) The administrative judge may apply to the Com25 mission to extend any period applicable under subpara-
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1 graph (A) or (B) if manifest injustice would occur in the

2 absence of such an extension.

3 ‘‘(D) The Commission—

4 ‘‘(i) may not grant such extension; or

5 ‘‘(ii) shall terminate such extension;

6 if the aggrieved Federal employee shows that such exten7 sion would prejudice a claim of, or otherwise harm, such

8 Federal employee.

9 ‘‘(E) In addition to findings of fact and conclusions

10 of law, such order shall include formal written notice to

11 each party that before the expiration of the 90-day period

12 beginning on the date such party receives such order—

13 ‘‘(i) the aggrieved Federal employee may com14 mence a civil action in an appropriate district court

15 of the United States for de novo review of a claim

16 with respect to which such order is issued; and

17 ‘‘(ii) unless and until a civil action is com18 menced in such 90-day period under clause (i) with

19 respect to such claim, any party may file with the

20 Commission a written request for appellate review of

21 the determination made, and relief granted or de22 nied, in such order with respect to such claim.

23 ‘‘(F) Such Federal employee may commence such

24 civil action at any time—
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1 ‘‘(i) after the expiration of the applicable period

2 specified in subparagraph (A) or (B); and

3 ‘‘(ii) before the expiration of the 90-day period

4 beginning on the date such Federal employee re5 ceives an order described in subparagraph (A).

6 ‘‘(G) If such order applies to more than one claim

7 and if such employee neither—

8 ‘‘(i) commences a civil action in accordance with

9 subparagraph (E)(i); nor

10 ‘‘(ii) requests appellate review in accordance

11 with subparagraph (E)(ii);

12 with respect to a particular claim, then the determination

13 made, and relief granted, in such order with respect to

14 such particular claim shall be enforceable immediately.

15 ‘‘(g)(1) If a party files timely a written request in

16 accordance with subsection (f)(5)(B)(i) or (f)(7)(E)(ii)

17 with the Commission for appellate review of the deter18 mination made, and relief granted or denied, with respect

19 to a claim in such order, then the Commission shall imme20 diately transmit a copy of such request to the other parties

21 involved and to the administrative judge who issued such

22 order.

23 ‘‘(2) Not later than 7 days after receiving a copy of

24 such request, the administrative judge shall transmit to

25 the Commission the record of the proceeding on which
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1 such order is based, including all documents and informa2 tion collected by the respondent under subsection (d).

3 ‘‘(3)(A) After allowing the parties to file briefs with

4 respect to such determination, the Commission shall issue

5 an order applicable with respect to such claim affirming,

6 reversing, or modifying the applicable provisions of the

7 order of the administrative judge not later than—

8 ‘‘(i) 150 days after receiving such request; or

9 ‘‘(ii) 30 days after such 150-day period if the

10 Commission certifies in writing, before the expiration

11 of such 150-day period—

12 ‘‘(I) that such 30-day period is necessary

13 to review such claim; and

14 ‘‘(II) the particular and unusual cir15 cumstances that prevent the Commission from

16 complying with clause (i).

17 ‘‘(B) The Commission shall affirm the determination

18 made, and relief granted or denied, by the administrative

19 judge with respect to such claim if such determination and

20 such relief are supported by substantial evidence in the

21 record taken as a whole. The findings of fact of the admin22 istrative judge shall be conclusive unless the Commission

23 determines that they are clearly erroneous.

24 ‘‘(C) In addition to findings of fact and conclusions

25 of law, the Commission shall include in its order formal
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1 written notice to the aggrieved Federal employee that, be2 fore the expiration of the 90-day period beginning on the

3 date such Federal employee receives such order, such Fed4 eral employee may commence a civil action in an appro5 priate district court of the United States for de novo re6 view of a claim with respect to which such order is issued.

7 ‘‘(D) Such Federal employee may commence such

8 civil action at any time—

9 ‘‘(i) after the expiration of the applicable period

10 specified in subparagraph (A); and

11 ‘‘(ii) before the expiration of the 90-day period

12 specified in subparagraph (C).

13 ‘‘(h)(1) In addition to the periods authorized by sub14 sections (f)(7)(E) and (g)(3)(D)—

15 ‘‘(A) during the period beginning 300 days

16 after an aggrieved Federal employee timely requests

17 an administrative determination under subsection (f)

18 with respect to a claim and ending on the date the

19 administrative judge issues an order under such sub20 section with respect to such claim; and

21 ‘‘(B) during the period beginning 180 days

22 after such Federal employee timely requests appel23 late review under subsection (g) of such determina24 tion with respect to such claim and ending on the
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1 date the Commission issues an order under such

2 subsection with respect to such claim;

3 such Federal employee may commence a civil action in an

4 appropriate district court of the United States for de novo

5 review of such claim.

6 ‘‘(2) Whenever a civil action is commenced timely and

7 otherwise in accordance with this section to determine the

8 merits of a claim arising under this section, the jurisdic9 tion of the administrative judge or the Commission (as

10 the case may be) to determine the merits of such claim

11 shall terminate.

12 ‘‘(i) A Federal employee who prevails on a claim aris13 ing under this section, or the Commission, may bring a

14 civil action in an appropriate district court of the United

15 States to enforce—

16 ‘‘(1) the provisions of a settlement agreement

17 applicable to such claim;

18 ‘‘(2) the provisions of an order issued by an ad19 ministrative judge under subsection (f)(7)(A) appli20 cable to such claim if—

21 ‘‘(A) a request is not filed timely under

22 subsection (g)(1) for appellate review by the

23 Commission; and
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1 ‘‘(B) a civil action is not commenced time2 ly under subsection (g)(3)(D) for de novo re3 view;

4 of such claim; or

5 ‘‘(3) the provisions of an order issued by the

6 Commission under subsection (g)(3)(A) applicable to

7 such claim if a civil action is not commenced timely

8 under subsection (g)(3)(D) for de novo review of

9 such claim.

10 ‘‘(j) Any amount awarded under this section (includ11 ing fees, costs, and interest awarded under subsection

12 (f)(6)(G)), or under title 28 of the United States Code,

13 with respect to a violation of subsection (a) shall be paid

14 by the entity of the Federal Government that violated such

15 subsection (a) from any funds made available to such en16 tity by appropriation or otherwise.

17 ‘‘(k)(1) An entity of the Federal Government against

18 which a claim of discrimination or retaliation is alleged

19 under this section shall grant the aggrieved Federal em20 ployee a reasonable amount of official time, in accordance

21 with regulations issued by the Commission, to prepare an

22 administrative complaint based on such allegation and to

23 participate in administrative proceedings relating to such

24 claim.
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1 ‘‘(2) An entity of the Federal Government against

2 which a claim of discrimination is alleged in complaint

3 filed in a civil action under this section shall grant the

4 aggrieved Federal employee paid leave for time reasonably

5 expended to prepare for, and participate in, such civil ac6 tion. Such leave shall be granted in accordance with regu7 lations issued by the Commission, except that such leave

8 shall include reasonable time for—

9 ‘‘(A) attendance at depositions;

10 ‘‘(B) meetings with counsel;

11 ‘‘(C) other ordinary and legitimate undertak12 ings in such civil action, that require the presence of

13 such Federal employee; and

14 ‘‘(D) attendance at such civil action.

15 ‘‘(3) Whenever the administrative judge or the Com16 mission (as the case may be), or a court, finds that a Fed17 eral employee has engaged in discrimination prohibited by

18 this section, the employing authority of such Federal em19 ployee shall—

20 ‘‘(A) impose appropriate sanctions on such Fed21 eral employee; and

22 ‘‘(B) report to the Commission the sanctions

23 imposed on such Federal employee.

24 ‘‘(4)(A) If the Commission finds that such sanctions

25 are inadequate, the Commission shall refer the matter to
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1 the Special Counsel for disciplinary action under section

2 1215 of title 5, United States Code.

3 ‘‘(B) For purposes of section 1215(a)(1) of such title,

4 the Commission’s referral of such matter to the Special

5 Counsel shall be deemed to be a determination by the Spe6 cial Counsel that disciplinary action should be taken

7 against such Federal employee.

8 ‘‘(l) This section, as in effect immediately before the

9 effective date of the Federal Employee Fairness Act of

10 1993, shall apply with respect to employment in the Li11 brary of Congress.’’.

12 SEC. 3. AMENDMENTS TO THE AGE DISCRIMINATION IN EM13 PLOYMENT ACT.

14 (a) ENFORCEMENT BY EEOC.—Section 15 of the

15 Age Discrimination in Employment Act of 1967 (29

16 U.S.C. 633a) is amended—

17 (1) by striking subsections (c) and (d), and

18 (2) by inserting after subsection (b) the follow19 ing:

20 ‘‘(c)(1) Any individual aggrieved by a violation of

21 subsection (a) of this section may file a complaint with

22 the Commission in accordance with section 717 of the Civil

23 Rights Act of 1964.

24 ‘‘(2) Except as provided in subsection (d), such sec25 tion 717 shall apply to a violation alleged in a complaint
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1 filed under paragraph (1) in the same manner as such

2 section applies to a claim arising under section 717 of

3 such Act.

4 ‘‘(d)(1) If an individual aggrieved by a violation of

5 this section does not file a complaint under subsection

6 (c)(1), such individual may commence a civil action—

7 ‘‘(A) not less than 30 days after filing with the

8 Commission a notice of intent to commence such ac9 tion; and

10 ‘‘(B) not more than 2 years after the alleged

11 violation of this section occurs;

12 in an appropriate district court of the United States for

13 de novo review of such violation.

14 ‘‘(2) On receiving such notice, the Commission

15 shall—

16 ‘‘(A) promptly notify all persons named in such

17 notice as prospective defendants in such action; and

18 ‘‘(B) take any appropriate action to ensure the

19 elimination of any unlawful practice.

20 ‘‘(3) Sections 717(m) of the Civil Rights Act of 1964

21 (42 U.S.C. 2000e–16(m)) shall apply to civil actions com22 menced under this subsection in the same manner as such

23 section applies to civil actions commenced under section

24 717 of the Civil Rights Act of 1964.’’.
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1 (b) OPPORTUNITY TO COMMENCE CIVIL ACTION.—

2 If a complaint filed under section 15 of the Age Discrimi3 nation in Employment Act of 1967 (29 U.S.C. 633a) with

4 the Equal Employment Opportunity Commission is pend5 ing in the period beginning on the date of the enactment

6 of this Act and ending on December 31, 1993, the individ7 ual who filed such complaint may commence a civil action

8 under such section not later than June 30, 1994.

9 SEC. 4. AMENDMENTS TO TITLE 5 OF THE UNITED STATES

10 CODE.

11 (a) GRIEVANCE PROCEDURES.—Section 7121 of title

12 5, United States Code, is amended—

13 (1) in subsection (a)(1) by inserting ‘‘adminis14 trative’’ after ‘‘exclusive’’, and

15 (2) in subsection (d)—

16 (A) by inserting ‘‘(1)’’ after ‘‘(d)’’,

17 (B) in the first and second sentences by

18 striking ‘‘An’’ and inserting ‘‘Except as pro19 vided in paragraph (2), an’’,

20 (C) in the last sentence by striking ‘‘Selec21 tion’’ and all that follows through ‘‘any other’’,

22 and inserting the following:

23 ‘‘(3) An employee may commence, not later than 120

24 days after a final decision, a civil action in an appropriate
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1 district court of the United States for de novo review of

2 a’’, and

3 (D) by inserting after the second sentence

4 the following:

5 ‘‘(2) Matters covered under section 7702 of this title,

6 or under a law administered by the Equal Employment

7 Opportunity Commission, may be raised under the nego8 tiated grievance procedure in accordance with this section

9 only if an employee elects under section

10 717(e)(2)(B)(i)(III) of the Civil Rights Act of 1964 to

11 proceed under this section.’’.

12 (b) ACTIONS INVOLVING DISCRIMINATION.—Section

13 7702 of title 5, United States Code, is amended to read

14 as follows:

15 ‘‘§ 7702. Actions involving discrimination

16 ‘‘(a)(1) Notwithstanding any other provision of law,

17 in the case of any employee or applicant for employment

18 who—

19 ‘‘(A) is affected by an action which the em20 ployee or applicant may appeal to the Merit System

21 Protection Board, and

22 ‘‘(B) alleges that a basis for the action was dis23 crimination prohibited by—

24 ‘‘(i) section 717 of the Civil Rights Act of

25 1964 (42 U.S.C. 2000a–16);
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1 ‘‘(ii) section 6(d) of the Fair Labor Stand2 ards Act of 1938 (29 U.S.C. 206(d));

3 ‘‘(iii) section 501 of the Rehabilitation Act

4 of 1973 (29 U.S.C. 791);

5 ‘‘(iv) sections 12 and 13 of the Age Dis6 crimination in Employment Act of 1967 (29

7 U.S.C. 631, 633a); or

8 ‘‘(v) any rule, regulation, or policy directive

9 prescribed under any provision of law described

10 in clauses (i) through (iv) of this subparagraph;

11 the employee or applicant may raise the action as provided

12 in paragraph (2).

13 ‘‘(2) For purposes of paragraph (1), the employee

14 shall raise the action by filing a complaint with the Equal

15 Employment Opportunity Commission in accordance with

16 section 717 of the Civil Rights Act of 1964 and shall make

17 a request under section 717(e)(2)(B)(i) selecting the pro18 cedures specified in one of the following subparagraphs:

19 ‘‘(A) The administrative and judicial procedures

20 provided under sections 7701 and 7703.

21 ‘‘(B) The administrative and judicial procedures

22 provided under section 7121.

23 ‘‘(C) The administrative and judicial procedures

24 provided under section 717 of title VII of the Civil

25 Rights Act of 1964.
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1 ‘‘(3) The agency (including the Board and the Equal

2 Employment Opportunity Commission) that carries out

3 such procedures shall apply the substantive law that is ap4 plied by the agency that administers the particular law

5 referred to in subsection (a)(1) of this section that pro6 hibits the conduct alleged to be the basis of the action

7 referred to in subsection (a)(1)(A).

8 ‘‘(b) If—

9 ‘‘(1) an employee elects the procedures specified

10 in subsection (a)(2)(C); and

11 ‘‘(2) the Equal Employment Opportunity Com12 mission dismisses under section 717(f)(5)(A) of the

13 Civil Rights Act of 1964 a claim that is based on

14 the action raised by the employee;

15 then the employee shall have 90 days in which to raise

16 the action under the procedures specified in subparagraph

17 (A) or (B) of subsection (a)(2), except that no allegation

18 of a kind described in paragraph (a)(1)(B) may be raised

19 under this subsection.

20 ‘‘(c) If at any time after the 120th day following an

21 election made under section 717(e)(2)(B)(i) of the Civil

22 Rights Act of 1964 to raise an action under the proce23 dures specified in subsection (a)(2)(A) of this section there

24 is no judicially reviewable action, an employee shall be en25 titled to file, not later than 240 days after making such
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1 election, a civil action in an appropriate district court of

2 the United States for de novo review of the action raised

3 under subsection (a) of this section.

4 ‘‘(d) Nothing in this section shall be construed to af5 fect the right to trial de novo under any provision of law

6 described in subsection (a)(1) after a judicially reviewable

7 action.’’.

8 SEC. 5. TECHNICAL AMENDMENTS.

9 Section 717(b) of the Civil Rights Act of 1964 (42

10 U.S.C. 2000e–16(b)) is amended by striking ‘‘Civil Service

11 Commission’’ each place it appears and inserting ‘‘Com12 mission’’.

13 SEC. 6. ISSUANCE OF PROCEDURAL GUIDELINES AND NO14 TICE RULES.

15 Not later than 1 year after the date of the enactment

16 of this Act, the Equal Employment Opportunity Commis17 sion shall issue—

18 (1) rules to assist entities of the Federal Gov19 ernment to comply with section 717(d) of the Civil

20 Rights Act of 1964, as added by section 2 of this

21 Act, and

22 (2) rules establishing—

23 (A) a uniform written official notice to be

24 used to comply with section 717 of such Act, as

25 added by section 2 of this Act, and
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1 (B) requirements applicable to collecting

2 and preserving documents and information

3 under section 717(d), as added by section 2 of

4 this Act.

5 SEC. 7. RULES OF CONSTRUCTION.

6 Any reference in any law (other than title VII of the

7 Civil Rights Act of 1964) to any provision of title VII of

8 the Civil Rights Act of 1964 amended by this Act shall

9 be deemed to be a reference to such provision as amended

10 by this Act.

11 SEC. 8. EFFECTIVE DATE; APPLICATION OF AMENDMENTS.

12 (a) EFFECTIVE DATE.—Except as provided in sub13 section (b), this Act and the amendments made by this

14 Act shall take effect on January 1, 1994.

15 (b) APPLICATION OF AMENDMENTS.—Except as pro16 vided in section 7, the amendments made by this Act

17 (other than sections 3 and 4) shall apply only with respect

18 to complaints filed under section 717 of the Civil Rights

19 Act of 1964 (42 U.S.C. 2000e–16) on or after the effective

20 date of this Act.

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