January 15, 2009 CONGRESSIONAL RECORD — SENATE S629 

due diligence regarding the person’s rights 

but who did not have, and should not have 

been expected to have, a reasonable suspicion that the person was the object of unlawful discrimination. Such a person should 

be afforded the full applicable limitation period to commence a claim from the time the 

person has, or should be expected to have, a 

reasonable suspicion of discrimination. 

SEC. 3. FILING PERIOD FOR CHARGES ALLEGING 

UNLAWFUL EMPLOYMENT PRACTICES. 

Section 706(e) of the Civil Rights Act of 

1964 (42 U.S.C. 2000e–5(e)) is amended by adding at the end the following: 

‘‘(3)(A) This paragraph shall apply to a 

charge if— 

‘‘(i) the charge alleges an unlawful employment practice involving discrimination in 

violation of this title; and 

‘‘(ii) the person aggrieved demonstrates 

that the person did not have, and should not 

have been expected to have, enough information to support a reasonable suspicion of 

such discrimination, on the date on which 

the alleged unlawful employment practice 

occurred. 

‘‘(B) In the case of such a charge, the applicable 180-day or 300-day filing period described in paragraph (1) shall commence on 

the date when the person aggrieved has, or 

should be expected to have, enough information to support a reasonable suspicion of 

such discrimination. 

‘‘(C) Nothing in this paragraph shall be 

construed to change or modify the provisions 

of subsection (g)(1). 

‘‘(D) Nothing in this paragraph shall be 

construed to apply to a charge alleging an 

unlawful employment practice relating to 

the provision of a pension or a pension benefit.’’. 

SEC. 4. FILING PERIOD FOR CHARGES ALLEGING 

UNLAWFUL PRACTICES BASED ON 

AGE. 

Section 7(d) of the Age Discrimination in 

Employment Act of 1967 (29 U.S.C. 626(d)) is 

amended— 

(1) by redesignating paragraphs (1) and (2) 

as subparagraphs (A) and (B), respectively; 

(2) by striking ‘‘(d)’’ and inserting ‘‘(d)(1)’’; 

(3) in the third sentence, by striking 

‘‘Upon’’ and inserting the following: 

‘‘(2) Upon’’; and 

(4) by adding at the end the following: 

‘‘(3)(A) This paragraph shall apply to a 

charge if— 

‘‘(i) the charge alleges an unlawful practice 

involving discrimination in violation of this 

Act; and 

‘‘(ii) the person aggrieved demonstrates 

that the person did not have, and should not 

have been expected to have, enough information to support a reasonable suspicion of 

such discrimination, on the date on which 

the alleged unlawful practice occurred. 

‘‘(B) In the case of such a charge, the applicable 180-day or 300-day filing period described in paragraph (1) shall commence on 

the date when the person aggrieved has, or 

should be expected to have, enough information to support a reasonable suspicion of 

such discrimination. 

‘‘(C) Nothing in this paragraph shall be 

construed to change or modify any remedial 

provision of this Act. 

‘‘(D) Nothing in this paragraph shall be 

construed to apply to a charge alleging an 

unlawful practice relating to the provision of 

a pension or a pension benefit.’’. 

SEC. 5. APPLICATION TO OTHER LAWS. 

(a) AMERICANS WITH DISABILITIES ACT OF

1990.—Section 706(e)(3) of the Civil Rights 

Act of 1964 (42 U.S.C. 2000e–5(e)(3)) shall apply 

(in the same manner as such section applies 

to a charge described in subparagraph (A)(i) 

of such section) to claims of discrimination 

brought under title I and section 503 of the 

Americans with Disabilities Act of 1990 (42 

U.S.C. 12111 et seq., 12203), pursuant to section 107(a) of such Act (42 U.S.C. 12117(a)), 

which adopts the powers, remedies, and procedures set forth in section 706 of the Civil 

Rights Act of 1964 (42 U.S.C. 2000e–5). 

(b) CONFORMING AMENDMENTS.— 

(1) CIVIL RIGHTS ACT OF 1964.—Section 717 of 

the Civil Rights Act of 1964 (42 U.S.C. 2000e– 

16) is amended by adding at the end the following: 

‘‘(f)(1) Subject to paragraph (2), section 

706(e)(3) shall apply (in the same manner as 

such section applies to a charge described in 

subparagraph (A)(i) of such section) to complaints of discrimination under this section. 

‘‘(2) For purposes of applying section 

706(e)(3) to a complaint under this section, a 

reference in section 706(e)(3)(B) to a filing period shall be considered to be a reference to 

the applicable filing period under this section.’’. 

(2) AGE DISCRIMINATION IN EMPLOYMENT ACT

OF 1967.— 

(A) IN GENERAL.—Section 15(f) of the Age 

Discrimination in Employment Act of 1967 

(29 U.S.C. 633a(f)) is amended by striking ‘‘of 

section’’ and inserting ‘‘of sections 7(d)(3) 

and’’. 

(B) APPLICATION.—For purposes of applying 

section 7(d)(3) of the Age Discrimination in 

Employment Act of 1967 (29 U.S.C. 626(d)(3)) 

to a complaint under section 15 of that Act 

(29 U.S.C. 633a), a reference in section 

7(d)(3)(B) of that Act to a filing period shall 

be considered to be a reference to the applicable filing period under section 15 of that 

Act. 

SA 26. Mr. SPECTER submitted an 

amendment intended to be proposed by 

him to the bill S. 181, to amend title 

VII of the Civil Rights Act of 1964 and 

the Age Discrimination in Employment 

Act of 1967, and to modify the operation of the Americans with Disabilities Act of 1990 and the Rehabilitation 

Act of 1973, to clarify that a discriminatory compensation decision or other 

practice that is unlawful under such 

Acts occurs each time compensation is 

paid pursuant to the discriminatory 

compensation decision or other practice, and for other purposes; which was 

ordered to lie on the table; as follows: 

Strike the heading for section 6 and insert 

the following: 

SEC. 6. CONSTRUCTION. 

Nothing in this Act or any amendment 

made by this Act shall be construed to prohibit a party from asserting a defense based 

on waiver of a right, or on an estoppel or 

laches doctrine. 

SEC. 7. EFFECTIVE DATE. 

SA 27. Mr. SPECTER submitted an 

amendment intended to be proposed by 

him to the bill S. 181, to amend title 

VII of the Civil Rights Act of 1964 and 

the Age Discrimination in Employment 

Act of 1967, and to modify the operation of the Americans with Disabilities Act of 1990 and the Rehabilitation 

Act of 1973, to clarify that a discriminatory compensation decision or other 

practice that is unlawful under such 

Acts occurs each time compensation is 

paid pursuant to the discriminatory 

compensation decision or other practice, and for other purposes; which was 

ordered to lie on the table; as follows: 

At the appropriate place, insert the following: 

SEC. ll. LIMITING APPLICATION TO DISCRIMINATORY COMPENSATION DECISIONS. 

(a) FINDINGS.—In section 2(1) of the Lilly 

Ledbetter Fair Pay Act of 2009, strike ‘‘or 

other practices’’. 

(b) CIVIL RIGHTS ACT OF 1964.—In section 

706(e) of the Civil Rights Act of 1964 (as 

amended by section 3), strike subparagraph 

(A) of paragraph (3) and insert the following: 

‘‘(A) For purposes of this section, an unlawful employment practice occurs, with respect to discrimination in compensation in 

violation of this title, when a discriminatory 

compensation decision is adopted, when an 

individual becomes subject to a discriminatory compensation decision, or when an individual is affected by application of a discriminatory compensation decision, including each time wages, benefits, or other compensation is paid, resulting in whole or in 

part from such a decision.’’. 

(c) AGE DISCRIMINATION IN EMPLOYMENT

ACT OF 1967.—In section 7(d) of the Age Discrimination in Employment Act of 1967 (as 

amended by section 4), strike paragraph (3) 

and insert the following: 

‘‘(3) For purposes of this section, an unlawful practice occurs, with respect to discrimination in compensation in violation of this 

Act, when a discriminatory compensation 

decision is adopted, when a person becomes 

subject to a discriminatory compensation 

decision, or when a person is affected by application of a discriminatory compensation 

decision, including each time wages, benefits, or other compensation is paid, resulting 

in whole or in part from such a decision.’’. 

f 

AUTHORITY FOR COMMITTEES TO 

MEET 

COMMITTEE ON ARMED SERVICES

Mr. BINGAMAN. Mr. President, I ask 

unanimous consent that the Committee on Armed Services be authorized to meet during the session of the 

Senate on Thursday, January 15, 2008, 

at 9:30 a.m. 

The PRESIDING OFFICER. Without 

objection, it is so ordered. 

COMMITTEE ON BANKING, HOUSING, AND URBAN

AFFAIRS

Mr. BINGAMAN. Mr. President, I ask 

unanimous consent that the Committee on Banking, Housing, and 

Urban Affairs be authorized to meet 

during the session of the Senate on 

January 15, 2009, at 10 a.m. 

The PRESIDING OFFICER. Without 

objection, it is so ordered. 

COMMITTEE ON ENERGY AND NATURAL

RESOURCES

Mr. BINGAMAN. Mr. President, I ask 

unanimous consent that the Committee on Energy and Natural Resources be authorized to meet during 

the session of the Senate to conduct a 

hearing on Thursday, January 15, 2009, 

at 9:30 a.m., in room SD–366 of the 

Dirksen Senate Office Building. 

The PRESIDING OFFICER. Without 

objection, it is so ordered. 

COMMITTEE ON FINANCE

Mr. BINGAMAN. Mr. President, I ask 

unanimous consent that the Committee on Finance be authorized to 

meet during the session of the Senate 

on Thursday, January 15, 2009, at 11:15 

a.m., in room 215 of the Dirksen Senate 

Office Building. 

The PRESIDING OFFICER. Without 

objection, it is so ordered. 


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S630 CONGRESSIONAL RECORD — SENATE January 15, 2009 

COMMITTEE ON FOREIGN RELATIONS

Mr. BINGAMAN. Mr. President, I ask 

unanimous consent that the Committee on Foreign Relations be authorized to meet during the session of the 

Senate on Thursday, January 15, 2009, 

at 9:45 a.m., to hold a nomination hearing for the Honorable Susan E. Rice. 

The PRESIDING OFFICER. Without 

objection, it is so ordered. 

COMMITTEE ON HEALTH, EDUCATION, LABOR, 

AND PENSIONS

Mr. BINGAMAN. Mr. President, I ask 

unanimous consent that the Committee on Health, Education, Labor, 

and Pensions be authorized to meet, 

during the session of the Senate, to 

conduct a hearing entitled ‘‘Investing 

in Health IT: A Stimulus for a 

Healthier America’’ on Thursday, January 15, 2009. The hearing will commence at 10 a.m. in room 430 of the 

Dirksen Senate Office Building. 

The PRESIDING OFFICER. Without 

objection, it is so ordered. 

COMMITTEE ON HOMELAND SECURITY AND

GOVERNMENTAL AFFAIRS

Mr. BINGAMAN. Mr. President, I ask 

unanimous consent that the Committee on Homeland Security and Governmental Affairs be authorized to 

meet during the session of the Senate 

on Thursday, January 15, 2009, at 10 

a.m. 

The PRESIDING OFFICER. Without 

objection, it is so ordered. 

COMMITTEE ON INDIAN AFFAIRS

Mr. BINGAMAN. Mr. President, I ask 

unanimous consent that the Committee on Indian Affairs be authorized 

to meet on Thursday, January 15, 2009 

at 2:30 p.m. in room 628 of the Dirksen 

Senate Office Building to conduct an 

oversight hearing on Job Creation and 

Economic Stimulus in Indian Country. 

The PRESIDING OFFICER. Without 

objection, it is so ordered. 

COMMITTEE ON THE JUDICIARY

Mr. BINGAMAN. Mr. President, I ask 

unanimous consent that the Senate 

Committee on the Judiciary be authorized to meet during the session of the 

Senate, to conduct a hearing on the 

nomination of Eric H. Holder, Jr., to be 

Attorney General of the United States 

on Thursday, January 15, 2009, at 9:30 

a.m., in room SR–325 of the Russell 

Senate Office Building. 

The PRESIDING OFFICER. Without 

objection, it is so ordered. 

f 

PRIVILEGES OF THE FLOOR 

Mr. DODD. Madam President, I ask 

unanimous consent that a member of 

my staff, Deborah Katz, be granted 

floor privileges for the duration of today’s session. 

The PRESIDING OFFICER. Without 

objection, it is so ordered. 

Mr. HARKIN. Madam President, I 

ask unanimous consent that Mitch 

Schaben of my staff be granted the 

privilege of the floor for the duration 

of today’s session. 

The PRESIDING OFFICER. Without 

objection, it is so ordered. 

SENATE STAFF TRANSITION 

Mr. REID. I ask unanimous consent 

that the Senate now proceed to the 

consideration of S. Res. 14. 

The PRESIDING OFFICER. The 

clerk will report the resolution by 

title. 

The assistant legislative clerk read 

as follows: 

A resolution (S. Res. 14) to provide funding 

for Senate staff transition. 

There being no objection, the Senate 

proceeded to consider the resolution. 

Mr. REID. I ask unanimous consent 

that the resolution be agreed to and 

the motion to reconsider be laid on the 

table. 

The PRESIDING OFFICER. Without 

objection, it is so ordered. 

The resolution (S. Res. 14) was agreed 

to, as follows: 

S. RES. 14 

Resolved, That (a) for purposes of this section, the term ‘‘eligible staff member’’ 

means an individual— 

(1) whose pay is disbursed by the Secretary 

of the Senate and was an employee as of January 2, 2009; and 

(2) who was an employee of a Senator who 

stood for an additional term for the office of 

Senator but the office is not filled at the 

commencement of that term. 

(b)(1) With respect to an eligible staff 

member who is being treated as a displaced 

staff member under section 6 of Senate Resolution 458 (98th Congress), as amended by 

Senate Resolution 9 (103d Congress), the period referred to in section 6(c)(1) of such resolution shall be 90 days. 

(2)(A) Each eligible staff member may, 

with the approval, direction, and supervision 

of the Secretary of the Senate, perform limited duties such as archiving and transferring case files. 

(B) The Secretary of the Senate may hire 

2 additional eligible staff members to perform the duties described in subparagraph 

(A) subject to subparagraph (C). Such employees shall be treated as displaced staff 

members under section 6 of Senate Resolution 458 (98th Congress), as amended by Senate Resolution 9 (103d Congress), after the 

expiration of the period described in subparagraph (C). Expenses for such employees 

shall be paid from the Contingent Fund of 

the Senate. 

(C) Subparagraph (A) shall apply for the 

period from January 2, 2009 through February 4, 2009 unless the eligible staff member 

becomes otherwise employed. 

(3) A statement in writing by an eligible 

staff member that he or she was not gainfully employed during such period or the portion thereof for which payment is claimed 

under this subsection shall be accepted as 

prima facie evidence that he or she was not 

so employed. 

(c) The Secretary of the Senate shall notify the Committee on Rules and Administration of the name of each eligible staff 

member. 

(d)(1) During the period described in paragraph (2), the official office and State office 

expenses relating to archiving and transferring case files of a Senator who stood for an 

additional term for the office of Senator but 

whose office is not filled at the commencement of that term shall be paid from the account for Miscellaneous Items within the 

contingent fund of the Senate upon vouchers 

approved and obligated by the Secretary of 

the Senate or the Sergeant at Arms and 

Doorkeeper of the Senate, as appropriate. 

(2) The period described in paragraph (1) is 

the period from January 2, 2009 through February 4, 2009. 

(e) Except as provided in subsection 

(b)(2)(B), funds necessary to carry out the 

provisions of this section shall be available 

as set forth in section 1(d) of Senate Resolution 458, agreed to October 4, 1984 (98th Congress). 

(f) This section shall expire 90 days after 

January 3, 2009. 

SEC. 2. (a) For purposes of section 

6(a)(4)(A)(i) of Senate Resolution 458 (98th 

Congress), as amended by Senate Resolution 

9 (103d Congress), the term committee shall 

include subcommittee. 

(b) This section shall take effect on January 2, 2009 and expire 120 days after such 

date. 

f 

RALPH REGULA FEDERAL OFFICE 

BUILDING AND COURTHOUSE 

Mr. REID. I ask unanimous consent 

that the Senate proceed to the consideration of S. 273. 

The PRESIDING OFFICER. The 

clerk will report the bill by title. 

The assistant legislative clerk read 

as follows: 

A bill (S. 273) to require the designation of 

a federally occupied building located at 

McKinley Avenue and Third Street, S.W., in 

Canton, Ohio, as the ‘‘Ralph Regula Federal 

Office Building and Courthouse.’’ 

There being no objection, the Senate 

proceeded to consider the bill. 

Mr. REID. I ask unanimous consent 

that the bill be read three times and 

passed, the motion to reconsider be 

laid upon the table, with no intervening action or debate, and any statements relating to this bill be printed in 

the RECORD. 

The PRESIDING OFFICER. Without 

objection, it is so ordered. 

The bill (S. 273) was ordered to be engrossed for a third reading, was read 

the third time, and passed, as follows: 

S. 273 

Be it enacted by the Senate and House of Representatives of the United States of America in 

Congress assembled, 

SECTION 1. RALPH REGULA FEDERAL OFFICE 

BUILDING AND COURTHOUSE. 

(a) DESIGNATION.—The Administrator of 

General Services shall ensure that the federally occupied building located at McKinley 

Avenue and Third Street, S.W., Canton, 

Ohio, is known and designated as the ‘‘Ralph 

Regula Federal Office Building and Courthouse’’. 

(b) REFERENCES.—During the period in 

which the building referred to in subsection 

(a) is federally occupied, any reference in a 

law, map, regulation, document, paper, or 

other record of the United States to that 

building shall be deemed to be a reference to 

the ‘‘Ralph Regula Federal Office Building 

and Courthouse’’. 

f 

REMOVAL OF INJUNCTION OF SECRECY—TREATY DOCUMENT NO. 

111–1 

Mr. REID. Mr. President, as in executive session, I ask unanimous consent 

that the injunction of secrecy be removed from the following treaty transmitted to the Senate on January 15, 

2009, by President Bush: Tax Convention with Malta, Treaty Document No. 

111–1. I further ask that the treaty be 

considered as having been read the first 


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