(C) by striking ‘‘brought hereunder’’ and
inserting ‘‘commenced under this section’’, and
(D) by adding at the end the following:
‘‘(2) The head of the department, agency, or unit in
which discrimination in violation of subsection (a) is al-
leged to have occurred shall be the defendant in a civil
action alleging such violation. If a department, unit, or
agency is named as the defendant, the court shall freely
grant leave to amend the complaint to name the head of
such department, agency, or unit.
‘‘(3) In any action or proceeding under this section,
the court, in its discretion, may allow the prevailing party
(other than an entity of the Federal Government) a rea-
sonable attorney’s fee (including expert fees) and costs as
a court has authority to award under section 706(k), as
amended from time to time, and the same interest to com-
pensate for delay in payment as in cases involving
nonpublic parties.’’,
(4) by redesignating subsections (d) and (e) as
subsections (o) and (p), respectively, and
(5) by inserting after subsection (b) the follow-
ing:
‘‘(c)(1)(A) Except as provided in subparagraph (B),
a complaint filed by or on behalf of a Federal employee
or a class of Federal employees and alleging a claim of
discrimination arising under subsection (a) shall name as
the respondent, and be filed with, the head of the depart-
ment, agency, or unit in which such discrimination is al-
leged to have occurred, or with the Commission, not later
than 180 days after the alleged discrimination occurs.
‘‘(B) If, not later than 180 days after the alleged dis-
crimination occurs, the complaint is filed—
‘‘(i) with such department, agency, or unit and
fails to name the head of the department, agency, or
unit as the respondent; or
‘‘(ii) with any other entity of the Federal Gov-
ernment, regardless of the respondent named;
the complaint shall be considered to be filed in compliance
with subparagraph (A).
‘‘(2)(A) If the complaint is filed with an entity of the
Federal Government other than the department, agency,
or unit in which such discrimination is alleged to have oc-
curred, then—
‘‘(i) such entity (other than the Commission)
shall transmit the complaint to the Commission, not
later than 15 days after receiving the complaint; and
‘‘(ii) the Commission shall transmit a copy of
the complaint, not later than 10 days after receiving
the complaint, to the head of the department, agen-
cy, or unit in which such discrimination is alleged to
have occurred (hereinafter in this section referred to
as the ‘respondent’).
‘‘(3)(A) Not later than 3 days after the respondent
receives the complaint from a source other than the Com-
mission, the respondent shall notify the Commission that
the respondent has received the complaint and shall in-
form the Commission of the identity of the Federal em-
ployee aggrieved by the discrimination alleged in the
complaint.
‘‘(B) Not later than 10 days after the respondent or
the Merit Systems Protection Board receives the com-
plaint from a source other than the Commission, the re-
spondent or the Board shall transmit to the Commission
a copy of the complaint.
‘‘(d) Throughout the period beginning on the date the
respondent receives the complaint and ending on the latest
date by which all administrative and judicial proceedings
available under this section have been concluded with re-
spect to such claim, the respondent shall collect and pre-
serve documents and information (including the com-
plaint) that are relevant to such claim, including the docu-
ments and information that comply with rules issued by
the Commission.
‘‘(e)(1) The respondent shall make reasonable efforts
to conciliate each claim alleged in the complaint during—
‘‘(A) the 30-day period; or
‘‘(B) with the written consent of the aggrieved
Federal employee, the 60-day period;
beginning on the date the respondent receives the
complaint.
‘‘(2) Before the expiration of the applicable period
specified in paragraph (1) and with respect to such claim,
the respondent shall—
‘‘(A) enter into a settlement agreement with
such Federal employee; or
‘‘(B) give formal written notice to such Federal
employee that such Federal employee may, before
the expiration of the 90-day period beginning on the
date such Federal employee receives such notice, ei-
ther—
‘‘(i) file with the Commission—
‘‘(I) a written request for a deter-
mination of such claim under subsection
(f) by an administrative judge of the
Commission;
‘‘(II) if such claim alleges discrimina-
tion in the Commission or alleges an action
appealable to the Merit Systems Protection
Board, a written request electing that a
determination of such claim be made under
the procedures specified in either subpara-
graph (A) or (B) of section 7702(a)(2) of
title 5, United States Code, or a request
described in subclause (I); or
‘‘(III) if such claim alleges a grievance
that is subject to section 7121 of title 5,
United States Code, but not appealable to
the Merit Systems Protection Board, a
written request to raise such claim under
the administrative and judicial procedures
provided in such section 7121 or a request
described in subclause (I); or
‘‘(ii) commence a civil action in an appro-
priate district court of the United States for de
novo review of such claim.
‘‘(3)(A) Such Federal employee may file a written re-
quest described in paragraph (2)(B)(i), or commence a
civil action described in paragraph (2)(B)(ii), at any
time—
‘‘(i) after the expiration of the applicable period
specified in paragraph (1); and
‘‘(ii) before the expiration of the 90-day period
specified in paragraph (2).
‘‘(B) If such Federal employee files a written request
under subclause (II) or (III) of paragraph (2)(B)(i) and
‘‘(I) exclude irrelevant or unduly repeti-
tious information; and
‘‘(II) not apply the Federal Rules of Evi-
dence strictly;
‘‘(iii) permit all parties to examine and cross
examine witnesses; and
‘‘(iv) require that testimony be given under
oath or affirmation.
‘‘(E) At the request of any party or the administra-
tive judge, a transcript of all or part of such hearing shall
be provided in a timely manner and simultaneously to the
parties and the Commission. The respondent shall bear
the cost of providing such transcript.
‘‘(F) The administrative judge shall have authority—
‘‘(i) to administer oaths and affirmations;
‘‘(ii) to regulate the course of hearings;
‘‘(iii) to rule on offers of proof and receive
evidence;
‘‘(iv) to issue subpoenas to compel—
‘‘(I) the production of documents or infor-
mation by the entity of the Federal Government
in which discrimination is alleged to have oc-
curred; and
‘‘(II) the attendance of witnesses who are
Federal officers or employees of such entity;
‘‘(v) to request the Commission to issue subpoe-
nas to compel the production of documents or infor-
mation by any other entity of the Federal Govern-
ment and the attendance of other witnesses, except
that any witness who is not an officer or employee
of an entity of the Federal Government may be com-
pelled only to attend any place—
‘‘(I) less than 100 miles from the place
where such witness resides, is employed, trans-
acts business in person, or is served; or
‘‘(II) at such other convenient place as is
fixed by the administrative judge;
and shall be paid fees and allowances, by the party
that requests the subpoena, to the same extent that
fees and allowances are paid to witnesses under
chapter 119 of title 28, United States Code, as
amended from time to time;
‘‘(vi) to exclude witnesses whose testimony
would be unduly repetitious;
‘‘(vii) to exclude any person from a hearing for
contumacious conduct, or for misbehavior, that ob-
structs such hearing; and
‘‘(viii) to grant full or partial relief, including—
‘‘(I) relief of the kinds described in section
706(g); and
‘‘(II) compensatory damages for unlawful
intentional discrimination (not an employment
practice that is unlawful because of its dispar-
ate impact) prohibited under this section, sub-
ject to the limitations specified in section
1977A(b)(3) of the Revised Statutes of the
United States.
‘‘(G) The administrative judge and the Commission
shall have authority to award—
‘‘(i) a reasonable attorney’s fee (including ex-
pert fees) and costs as a court has authority to
award under section 706(k), as amended from time
to time; and
‘‘(ii) the same interest to compensate for delay
in payment as in cases involving nonpublic parties.
‘‘(H) The Commission shall have authority to issue
subpoenas described in subparagraph (F)(v).
‘‘(I) In the case of contumacy or failure to obey a
subpoena issued under subparagraph (F) or (H), the
United States district court for the judicial district in
which the person to whom the subpoena is addressed re-
sides or is served may issue an order requiring such person
to appear at any designated place to testify or to produce
documentary or other evidence.
‘‘(7)(A) Except as provided in subparagraph (B), the
administrative judge shall issue a written order making
the determination required by paragraph (6)(A), and
granting or denying relief, not later than—
‘‘(i) 210 days after the complaint containing
such claim is filed on behalf of a Federal employee;
or
‘‘(ii) 270 days after the complaint containing
such claim is filed on behalf of a class of Federal
employees;
except that these time periods shall not begin running
until 30 days after the administrative judge is assigned
to the case if the administrative judge certifies, in writing,
that such 30-day period is needed to secure additional doc-
uments or information from the respondent to have a com-
plete administrative record.
‘‘(B) The administrative judge shall issue such order
not later than 30 days after the applicable period specified
in subparagraph (A) if the administrative judge certifies
in writing, before the expiration of such applicable pe-
riod—
‘‘(i) that such 30-day period is necessary to
make such determination; and
‘‘(ii) the particular and unusual circumstances
that prevent the administrative judge from comply-
ing with the applicable period specified in subpara-
graph (A).
‘‘(C) The administrative judge may apply to the Com-
mission to extend any period applicable under subpara-
graph (A) or (B) if manifest injustice would occur in the
absence of such an extension.
‘‘(D) The Commission—
‘‘(i) may not grant such extension; or
‘‘(ii) shall terminate such extension;
if the aggrieved Federal employee shows that such exten-
sion would prejudice a claim of, or otherwise harm, such
Federal employee.
‘‘(E) In addition to findings of fact and conclusions
of law, such order shall include formal written notice to
each party that before the expiration of the 90-day period
beginning on the date such party receives such order—
‘‘(i) the aggrieved Federal employee may com-
mence a civil action in an appropriate district court
of the United States for de novo review of a claim
with respect to which such order is issued; and
‘‘(ii) unless and until a civil action is com-
menced in such 90-day period under clause (i) with
respect to such claim, any party may file with the
Commission a written request for appellate review of
the determination made, and relief granted or de-
nied, in such order with respect to such claim.
‘‘(F) Such Federal employee may commence such
civil action at any time—
‘‘(i) after the expiration of the applicable period
specified in subparagraph (A) or (B); and
‘‘(ii) before the expiration of the 90-day period
beginning on the date such Federal employee re-
ceives an order described in subparagraph (A).
‘‘(G) If such order applies to more than one claim
and if such employee neither—
‘‘(i) commences a civil action in accordance with
subparagraph (E)(i); nor
‘‘(ii) requests appellate review in accordance
with subparagraph (E)(ii);
with respect to a particular claim, then the determination
made, and relief granted, in such order with respect to
such particular claim shall be enforceable immediately.
‘‘(g)(1) If a party files timely a written request in
accordance with subsection (f)(5)(B)(i) or (f)(7)(E)(ii)
with the Commission for appellate review of the deter-
mination made, and relief granted or denied, with respect
to a claim in such order, then the Commission shall imme-
diately transmit a copy of such request to the other parties
administrative judge issues an order under such sub-
section with respect to such claim; and
‘‘(B) during the period beginning 180 days
after such Federal employee timely requests appel-
late review under subsection (g) of such determina-
tion with respect to such claim and ending on the
date the Commission issues an order under such
subsection with respect to such claim;
such Federal employee may commence a civil action in an
appropriate district court of the United States for de novo
review of such claim.
‘‘(2) Whenever a civil action is commenced timely and
otherwise in accordance with this section to determine the
merits of a claim arising under this section, the jurisdic-
tion of the administrative judge or the Commission (as
the case may be) to determine the merits of such claim
shall terminate.
‘‘(i) A Federal employee who prevails on a claim aris-
ing under this section, or the Commission, may bring a
civil action in an appropriate district court of the United
States to enforce—
‘‘(1) the provisions of a settlement agreement
applicable to such claim;
‘‘(2) the provisions of an order issued by an ad-
ministrative judge under subsection (f)(7)(A) appli-
cable to such claim if—
‘‘(A) a request is not filed timely under
subsection (g)(1) for appellate review by the
Commission; and
‘‘(B) a civil action is not commenced time-
ly under subsection (g)(3)(D) for de novo
review;
of such claim; or
‘‘(3) the provisions of an order issued by the
Commission under subsection (g)(3)(A) applicable to
such claim if a civil action is not commenced timely
under subsection (g)(3)(D) for de novo review of
such claim.
‘‘(j) Any amount awarded under this section (includ-
ing fees, costs, and interest awarded under subsection
(f)(6)(G)), or under title 28 of the United States Code,
with respect to a violation of subsection (a), shall be paid
by the entity of the Federal Government that violated such
subsection from any funds made available to such entity
by appropriation or otherwise.
‘‘(k) An entity of the Federal Government against
which a claim of discrimination is alleged in a complaint
filed in an administrative proceeding or a civil action
under this section shall grant the aggrieved Federal em-
ployee paid administrative leave for time reasonably ex-
pended to prepare for, and participate in, such proceeding
or action. Such leave shall be granted in accordance with
regulations issued by the Commission, except that such
leave shall include reasonable time for—
‘‘(1) preparation of a complaint based on such
allegation;
‘‘(2) attendance at such proceeding or action;
‘‘(3) attendance at depositions;
‘‘(4) meetings with counsel; and
‘‘(5) other ordinary and legitimate undertakings
in such proceeding or action, that require the pres-
ence of such Federal employee.
‘‘(l)(1) In enforcing compliance with an order issued
by an administrative judge or the Commission, the Com-
mission may make a written determination that—
‘‘(A) any officer or employee of the agency, de-
partment, or unit charged with complying with such
order, or
‘‘(B) any officer or employee of the United
States determined to be responsible for the failure of
the agency, department, or unit to comply with such
order,
who is not an officer or employee appointed by the Presi-
dent by and with the advice and consent of the Senate,
shall not be entitled to receive payment for service as an
officer or employee for the period during which such order
has not been complied with. The Commission shall certify
to the Comptroller General of the United States that a
determination under this paragraph has been made, and
no payment shall be made out of the Treasury of the
United States for any service specified in such determina-
tion.
‘‘(2) In enforcing compliance with such order with re-
spect to any officer or employee described in subparagraph
(A) or (B) of paragraph (1) who is an officer or employee
appointed by the President by and with the advice and
consent of the Senate, the Commission may notify the
President that such officer or employee has failed to obey
such order.
‘‘(m) If with respect to the merits of a claim of inten-
tional discrimination (other than an employment practice
that is unlawful because of its disparate impact) prohib-
ited by this section, a Federal employee prevails in a pro-
ceeding under subsection (f) or a civil action commenced
under this section, the finder of fact in such proceeding
shall identify each individual believed to have engaged in
conduct that is the basis of such discrimination. Not later
than 15 days after issuing an order finding liability under
this section, the administrative judge or the district court
involved shall notify the Office of Special Counsel of the
identity of such individual and the fact that such individ-
ual is believed to have engaged in conduct that is the basis
of liability found on such claim in such proceeding or
action.
‘‘(n) This section, as in effect immediately before the
effective date of the Federal Employee Fairness Act of
1993, shall apply with respect to employment in the
Library of Congress.’’.
SEC. 3. AMENDMENTS TO THE AGE DISCRIMINATION IN EM-
PLOYMENT ACT AND THE REHABILITATION
ACT OF 1973.
(a) ENFORCEMENT BY EEOC.—(1) Section 15 of the
Age Discrimination in Employment Act of 1967 (29
U.S.C. 633a) is amended—
(A) by striking subsections (c) and (d), and
(B) by inserting after subsection (b) the follow-
ing:
‘‘(c)(1)(A) Except as provided in subparagraph (B),
any individual aggrieved by a violation of subsection (a)
of this section may file a complaint with the Commission
in accordance with section 717 of the Civil Rights Act of
1964.
‘‘(B) Subsections (c) and (d) of this section, as in
effect immediately before the effective date of the Federal
Employee Fairness Act of 1993, shall apply with respect
to employment in the Library of Congress.
‘‘(2) Except as provided in paragraph (1)(B) and
subsection (d), such section 717 shall apply to a violation
alleged in a complaint filed under paragraph (1) in the
same manner as such section applies to a claim arising
under section 717 of such Act.
‘‘(d)(1) If an individual aggrieved by a violation of
this section does not file a complaint under subsection
(c)(1), such individual may commence a civil action—
‘‘(A) not less than 30 days after filing with the
Commission a notice of intent to commence such ac-
tion; and
‘‘(B) not more than 2 years after the alleged
violation of this section occurs;
in an appropriate district court of the United States for
de novo review of such violation.
‘‘(2) On receiving such notice, the Commission
shall—
‘‘(A) promptly notify all persons named in such
notice as prospective defendants in such action; and
‘‘(B) take any appropriate action to ensure the
elimination of any unlawful practice.
‘‘(3) Section 717(o) of the Civil Rights Act of 1964
(42 U.S.C. 2000e–16(o)) shall apply to civil actions com-
menced under this subsection in the same manner as such
section applies to civil actions commenced under section
717 of the Civil Rights Act of 1964.’’.
(2) Section 505 of the Rehabilitation Act of 1973 (29
U.S.C. 794a) is amended—
(A) in subsection (a)(1)—
(i) by inserting ‘‘(A)’’ after ‘‘(a)(1)’’,
(ii) by striking ‘‘706(k)’’ and inserting
‘‘706(j)’’,
(iii) by striking ‘‘through (k)’’ and insert-
ing ‘‘through (j)’’, and
(iv) by adding at the end the following:
‘‘(B) The first sentence of this paragraph, as in effect
immediately before the effective date of the Federal Em-
ployee Fairness Act of 1993, shall apply with respect to
employment in the Library of Congress.’’, and
(B) in subsection (b) by striking ‘‘In’’ and in-
serting ‘‘Except as provided in subsection (a)(1),
in’’.
(b) OPPORTUNITY TO COMMENCE CIVIL ACTION.—
If a complaint filed under section 15 of the Age Discrimi-
nation in Employment Act of 1967 (29 U.S.C. 633a), or
section 501 of the Rehabilitation Act of 1973 (29 U.S.C.
791)), with the Equal Employment Opportunity Commis-
sion is pending in the period beginning on the date of the
enactment of this Act and ending on December 31, 1994,
the individual who filed such complaint may commence a
civil action under such section not later than June 30,
1995.
SEC. 4. AMENDMENTS TO TITLE 5 OF THE UNITED STATES
CODE.
(a) GRIEVANCE PROCEDURES.—Section 7121 of title
5, United States Code, is amended—
(1) in subsection (a)(1) by inserting ‘‘adminis-
trative’’ after ‘‘exclusive’’, and
(2) in subsection (d)—
(A) by inserting ‘‘(1)’’ after ‘‘(d)’’,
(B) in the first and second sentences by
striking ‘‘An’’ and inserting ‘‘Except as pro-
vided in paragraph (2), an’’,
(C) in the last sentence by striking ‘‘Selec-
tion’’ and all that follows through ‘‘any other’’,
and inserting the following:
‘‘(3) An employee may commence, not later than 120
days after a final decision, a civil action in an appropriate
district court of the United States for de novo review of
a’’, and
(D) by inserting after the second sentence
the following:
‘‘(2) Matters covered under section 7702, or under
a law administered by the Equal Employment Opportunity
Commission, may be raised under the negotiated grievance
procedure in accordance with this section only if an em-
ployee elects under section 717(e)(2)(B)(i)(III) of the Civil
Rights Act of 1964 to proceed under this section.’’.
(b) ACTIONS INVOLVING DISCRIMINATION.—Section
7702 of title 5, United States Code, is amended to read
as follows:
‘‘§ 7702. Actions involving discrimination
‘‘(a)(1) Notwithstanding any other provision of law,
in the case of any employee or applicant for employment
who—
‘‘(A) is affected by—
‘‘(i) an action which the employee or appli-
cant may appeal to the Merit Systems Protec-
tion Board, or
‘‘(ii) an action, not described in clause
(i)—
‘‘(I) on the part the Equal Employ-
ment Opportunity Commission, and
‘‘(II) with respect to which the em-
ployee or applicant makes an election
under section 717(e)(2)(B)(i)(II) of the
Civil Rights Act of 1964, and
‘‘(B) alleges that a basis for the action was dis-
crimination prohibited by—
‘‘(i) section 717 of the Civil Rights Act of
1964 (42 U.S.C. 2000a–16),
‘‘(ii) section 6(d) of the Fair Labor Stand-
ards Act of 1938 (29 U.S.C. 206(d)),
‘‘(iii) section 501 of the Rehabilitation Act
of 1973 (29 U.S.C. 791),
‘‘(iv) sections 12 and 13 of the Age Dis-
crimination in Employment Act of 1967 (29
U.S.C. 631, 633a), or
‘‘(v) any rule, regulation, or policy directive
prescribed under any provision of law described
in clauses (i) through (iv) of this subparagraph,
the employee or applicant may raise the action as provided
in paragraph (2).
‘‘(2) For purposes of paragraph (1), the employee
shall raise the action by filing a complaint with the Equal
Employment Opportunity Commission in accordance with
section 717 of the Civil Rights Act of 1964 and shall make
a request under section 717(e)(2)(B)(i) selecting the pro-
cedures specified in one of the following subparagraphs:
‘‘(A) The administrative and judicial procedures
provided under sections 7701 and 7703.
‘‘(B) The administrative and judicial procedures
provided under section 7121.
‘‘(C) The administrative and judicial procedures
provided under section 717 of the Civil Rights Act
of 1964.
‘‘(3) The agency (including the Board and the Equal
Employment Opportunity Commission) that carries out
such procedures shall apply the substantive law that is ap-
plied by the agency that administers the particular law
referred to in subsection (a)(1) that prohibits the conduct
alleged to be the basis of the action referred to in sub-
section (a)(1)(A).
‘‘(b) If—
‘‘(1) an employee elects the procedures specified
in subsection (a)(2)(C), and
‘‘(2) the Equal Employment Opportunity Com-
mission dismisses under section 717(f)(5)(A) of the
Civil Rights Act of 1964 a claim that is based on
the action raised by the employee,
then the employee shall have 20 days in which to raise
the action under the procedures specified in subparagraph
(A) or (B) of subsection (a)(2), except that no allegation
of a kind described in subsection (a)(1)(B) may be raised
under this subsection.
‘‘(c) If at any time after the 120th day following an
election made under section 717(e)(2)(B)(i) of the Civil
Rights Act of 1964 to raise an action under the proce-
dures specified in subsection (a)(2)(A) there is no judi-
cially reviewable action, an employee shall be entitled to
file, not later than 240 days after making such election,
a civil action in an appropriate district court of the United
States for de novo review of the action raised under sub-
section (a).
‘‘(d) Nothing in this section shall be construed to af-
fect the right to trial de novo under any provision of law
described in subsection (a)(1) after a judicially reviewable
action.’’.
(c) DISCIPLINARY ACTION.—(1) Section 1214 of title
5, United States Code, is amended by adding at the end
the following:
‘‘(g)(1) Whenever the Office of Special Counsel re-
ceives any notification, in accordance with section 717(m)
of the Civil Rights Act of 1964, with respect to a claim
arising under section 717(a) of the Civil Rights Act of
1964, section 15(a) of the Age Discrimination in Employ-
ment Act of 1967, or section 501 of the Rehabilitation
Act of 1973, the Special Counsel shall investigate the mat-
ter to the extent necessary to determine whether there are
reasonable grounds to believe that a prohibited personnel
practice described in section 2302(b)(1) has occurred and,
if so, shall seek the appropriate disciplinary action under
section 1215.
‘‘(2) A determination under this subsection shall be
made not later than 180 days after the appropriate date
under paragraph (3) for the last applicable event described
in such paragraph.
‘‘(3)(A) With respect to a claim—
‘‘(i) to which an order issued by an administra-
tive judge of the Equal Employment Opportunity
Commission applies, and
‘‘(ii) with respect to which the aggrieved em-
ployee neither—
‘‘(I) commences a civil action in accord-
ance with section 717(f)(7)(E)(i) of the Civil
Rights Act of 1964, nor
‘‘(II) requests appellate review in accord-
ance with section 717(f)(7)(E)(ii) of the Civil
Rights Act of 1964,
the appropriate date is the date on which the Office of
Special Counsel receives notification (referred to in para-
graph (1)) from the administrative judge.
‘‘(B) With respect to a claim—
‘‘(i) to which an order issued by the Equal Em-
ployment Opportunity Commission applies, and
‘‘(ii) with respect to which the aggrieved em-
ployee does not commence a civil action in accord-
ance with section 717(g)(3)(D),
the appropriate date is the date on which the Office of
Special Counsel receives notification (referred to in para-
graph (1)) from the Commission.
‘‘(C) With respect to a claim to which a final judg-
ment issued by a court of the United States applies, the
appropriate date is the date on which the Office of Special
Counsel receives notification (referred to in paragraph (1))
from such court.
‘‘(4) For the purpose of this subsection—
‘‘(A) the term ‘order’ means an order issued on
the merits;
‘‘(B) the term ‘judgment’ means a judgment is-
sued on the merits; and
‘‘(C) the term ‘final judgment’ means a judg-
ment that is either—
‘‘(i) not reviewed by any other court that
has authority to review such judgment; or
‘‘(ii) not reviewable by any other court.’’.
(2) Section 1218 of title 5, United States Code, is
amended—
(A) by inserting ‘‘(a)’’ before the first sentence;
and
(B) by adding at the end the following:
‘‘(b) Any statistical or other information provided
under the first sentence of subsection (a) shall specify the
extent to which such information relates to any matter re-
ferred to in section 1214(g).’’.
(d) RECORDKEEPING.—(1) Chapter 23 of title 5,
United States Code, is amended by adding at the end the
following:
‘‘§ 2306. Federal personnel records
‘‘(a) For the purpose of this section—
‘‘(1) the term ‘personnel action’ has the mean-
ing given such term in section 2302(a)(2)(A);
‘‘(2) the term ‘record’ has the meaning given
such term in section 552a(a)(4); and
‘‘(3) the term ‘employee’ means—
‘‘(A) an employee as defined by section
2105; and
‘‘(B) an employee of the United States
Postal Service or the Postal Rate Commission;
but does not include any employee with respect to
whom section 117, or title III (excluding section
320), of the Civil Rights Act of 1991 applies.
‘‘(b) Records relating to any personnel action taken
with respect to an employee shall be maintained by the
employing authority for at least the greater of—
‘‘(1) 270 days after the effective date of the
personnel action to which they relate; or
‘‘(2) the period of time otherwise required
under applicable provisions of law, rule, or regula-
tion, if any.
‘‘(c) The Office of Personnel Management shall pre-
scribe regulations for the implementation of this section
by an Executive agency.’’.
(2) The table of sections for chapter 23 of title 5,
United States Code, is amended by adding at the end the
following:
‘‘2306. Federal personnel records.’’.
(e) FILING DEADLINE.—Section 7703(b)(2) of title
5, United States Code, is amended by striking ‘‘30 days’’
and inserting ‘‘90 days’’.
(f) RIGHT TO INTERVENE.—Section 1212(c)(2) of
title 5, United States Code, is amended—
(1) by striking ‘‘(2)’’ and inserting ‘‘(2)(A)’’;
and
(2) by adding at the end the following:
‘‘(B) Consent under subparagraph (A) shall not be
required, in the case of an appeal from an action, if—
‘‘(i) section 7513(d) is the provision making the
action appealable to the Board;
‘‘(ii) the appeal is brought by an individual with
respect to whom notification has been received by
the Office of Special Counsel under section 717(m)
of the Civil Rights Act of 1964; and
‘‘(iii) 1 of the grounds for the action being ap-
pealed is discrimination of a type described in sec-
tion 2302(b)(1).’’.
SEC. 5. TECHNICAL AMENDMENTS.
Section 717(b) of the Civil Rights Act of 1964 (42
U.S.C. 2000e–16(b)) is amended by striking ‘‘Civil Service
Commission’’ each place it appears and inserting ‘‘Com-
mission’’.
SEC. 6. ISSUANCE OF PROCEDURAL GUIDELINES AND NO-
TICE RULES.
After providing notice in accordance with section
553(b) of title 5, United States Code, and not later than
1 year after the date of the enactment of this Act, the
Equal Employment Opportunity Commission shall issue—
(1) rules to assist entities of the Federal Gov-
ernment to comply with section 717(d) of the Civil
Rights Act of 1964, as added by section 2 of this
Act, and
(2) rules establishing—
(A) a uniform written official notice to be
used to comply with section 717 of such Act, as
added by section 2 of this Act, and
(B) detailed requirements applicable to col-
lecting and preserving documents and informa-
tion under section 717(d), as added by section
2 of this Act.
SEC. 7. RULES OF CONSTRUCTION.
Any reference in any law (other than title VII of the
Civil Rights Act of 1964) to any provision of title VII of
the Civil Rights Act of 1964 amended by this Act shall
be deemed to be a reference to such provision as amended
by this Act.
SEC. 8. EFFECTIVE DATE; APPLICATION OF AMENDMENTS.
(a) EFFECTIVE DATE.—Except as provided in sub-
section (b), this Act and the amendments made by this
Act shall take effect on January 1, 1995.
(b) APPLICATION OF AMENDMENTS.—Except as pro-
vided in section 7, the amendments made by this Act
(other than sections 3 and 4) shall apply only with respect
to complaints filed under section 717 of the Civil Rights
Act of 1964 (42 U.S.C. 2000e–16) on or after the effective
date of this Act.
Æ
HR 2721 IH——2