‘‘(II) commence a civil action in an appropriate
district court of the United States for de novo review
of such claim or such complaint.
‘‘(ii) Such Federal employee may commence such civil
action in 90-day period specified in clause (i).
‘‘(6)(A)(i) If the complaint is not dismissed under
paragraph (5)(A), the administrative judge shall make a
determination, after an opportunity for a hearing, on the
merits of each claim that is not dismissed under such
paragraph. The administrative judge shall make a deter-
mination on the merits of any other nonfrivolous claim
under this title, and on any action such Federal employee
may appeal to the Merit Systems Protection Board, rea-
sonably expected to arise from the facts on which the com-
plaint is based.
‘‘(ii) As soon as practicable, the administrative judge
shall—
‘‘(I) determine whether the administrative pro-
ceeding with respect to such claim may be main-
tained as a class proceeding; and
‘‘(II) if the administrative proceeding may be so
maintained, shall describe those whom the adminis-
trative judge finds to be members of such class.
‘‘(B) With respect to such claim, a party may conduct
discovery by such means as may be available in a civil ac-
tion to the extent deemed appropriate by the administra-
tive judge.
‘‘(C) If the aggrieved Federal employee or the re-
spondent fails without good cause to respond fully and in
a timely fashion to a request made or approved by the
administrative judge for information or the attendance of
a witness, and if such information or such witness is solely
in the control of the party who so fails to respond, then
the administrative judge may, in appropriate cir-
cumstances—
‘‘(i) draw an adverse inference that the re-
quested information, or the testimony of the re-
quested witness, would have reflected unfavorably on
the party who so fails to respond;
‘‘(ii) consider the matters to which such infor-
mation or such testimony pertains to be established
in favor of the opposing party;
‘‘(iii) exclude other evidence offered by the
party who so fails to respond;
‘‘(iv) grant full or partial relief to the aggrieved
Federal employee; or
‘‘(v) take such other action the administrative
judge considers to be appropriate.
‘‘(D) In a hearing on a claim, the administrative
judge shall—
‘‘(i) limit attendance to persons who have a di-
rect connection with such claim;
‘‘(ii) bring out pertinent facts and relevant em-
ployment practices and policies, but—
‘‘(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 affirmation;
‘‘(ii) to regulate the course of hearings;
‘‘(iii) to rule on offers of proof and receive evi-
dence;
‘‘(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 any and all relief of a kind de-
scribed in subsections (g) and (k) of section 706, as
amended from time to time.
‘‘(G) The administrative judge and Commission shall
have authority to award a reasonable attorney’s fee (in-
cluding expert fees and other litigation expenses), costs,
and the same interest to compensate for delay in payment
as a court has authority to award under section 706(k),
as amended from time to time.
‘‘(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 Unit-
ed States district court for the judicial district in which
the person to whom the subpoena is addressed resides or
is served may issue an order requiring such person to ap-
pear at any designated place to testify or to produce docu-
mentary 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
involved and to the administrative judge who issued such
order.
‘‘(2) Not later than 7 days after receiving a copy of
such request, the administrative judge shall transmit to
the Commission the record of the proceeding on which
such order is based, including all documents and informa-
tion collected by the respondent under subsection (d).
‘‘(3)(A) After allowing the parties to file briefs with
respect to such determination, the Commission shall issue
an order applicable with respect to such claim affirming,
reversing, or modifying the applicable provisions of the
order of the administrative judge not later than—
‘‘(i) 150 days after receiving such request; or
‘‘(ii) 30 days after such 150-day period if the
Commission certifies in writing, before the expiration
of such 150-day period—
‘‘(I) that such 30-day period is necessary
to review such claim; and
‘‘(II) the particular and unusual cir-
cumstances that prevent the Commission from
complying with clause (i).
‘‘(B) The Commission shall affirm the determination
made, and relief granted or denied, by the administrative
judge with respect to such claim if such determination and
such relief are supported by substantial evidence in the
record taken as a whole. The findings of fact of the admin-
istrative judge shall be conclusive unless the Commission
determines that they are clearly erroneous.
‘‘(C) In addition to findings of fact and conclusions
of law, the Commission shall include in its order formal
written notice to the aggrieved Federal employee that, be-
fore the expiration of the 90-day period beginning on the
date such Federal employee receives such order, such Fed-
eral employee may commence a civil action in an appro-
priate district court of the United States for de novo re-
view of a claim with respect to which such order is issued.
‘‘(D) Such Federal employee may commence such
civil action at any time—
‘‘(i) after the expiration of the applicable period
specified in subparagraph (A); and
‘‘(ii) before the expiration of the 90-day period
specified in subparagraph (C).
‘‘(h)(1) In addition to the periods authorized by sub-
sections (f)(7)(E) and (g)(3)(D)—
‘‘(A) during the period beginning 300 days
after an aggrieved Federal employee timely requests
an administrative determination under subsection (f)
with respect to a claim and ending on the date the
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 re-
view;
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 (a) from any funds made available to such en-
tity by appropriation or otherwise.
‘‘(k)(1) An entity of the Federal Government against
which a claim of discrimination or retaliation is alleged
under this section shall grant the aggrieved Federal em-
ployee a reasonable amount of official time, in accordance
with regulations issued by the Commission, to prepare an
administrative complaint based on such allegation and to
participate in administrative proceedings relating to such
claim.
‘‘(2) An entity of the Federal Government against
which a claim of discrimination is alleged in complaint
filed in a civil action under this section shall grant the
aggrieved Federal employee paid leave for time reasonably
expended to prepare for, and participate in, such civil ac-
tion. Such leave shall be granted in accordance with regu-
lations issued by the Commission, except that such leave
shall include reasonable time for—
‘‘(A) attendance at depositions;
‘‘(B) meetings with counsel;
‘‘(C) other ordinary and legitimate undertak-
ings in such civil action, that require the presence of
such Federal employee; and
‘‘(D) attendance at such civil action.
‘‘(3) Whenever the administrative judge or the Com-
mission (as the case may be), or a court, finds that a Fed-
eral employee has engaged in discrimination prohibited by
this section, the employing authority of such Federal em-
ployee shall—
‘‘(A) impose appropriate sanctions on such Fed-
eral employee; and
‘‘(B) report to the Commission the sanctions
imposed on such Federal employee.
‘‘(4)(A) If the Commission finds that such sanctions
are inadequate, the Commission shall refer the matter to
the Special Counsel for disciplinary action under section
1215 of title 5, United States Code.
‘‘(B) For purposes of section 1215(a)(1) of such title,
the Commission’s referral of such matter to the Special
Counsel shall be deemed to be a determination by the Spe-
cial Counsel that disciplinary action should be taken
against such Federal employee.
‘‘(l) 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 Li-
brary of Congress.’’.
SEC. 3. AMENDMENTS TO THE AGE DISCRIMINATION IN EM-
PLOYMENT ACT.
(a) ENFORCEMENT BY EEOC.—Section 15 of the
Age Discrimination in Employment Act of 1967 (29
U.S.C. 633a) is amended—
(1) by striking subsections (c) and (d), and
(2) by inserting after subsection (b) the follow-
ing:
‘‘(c)(1) 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.
‘‘(2) Except as provided in subsection (d), such sec-
tion 717 shall apply to a violation alleged in a complaint
(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) with
the Equal Employment Opportunity Commission is pend-
ing in the period beginning on the date of the enactment
of this Act and ending on December 31, 1993, the individ-
ual who filed such complaint may commence a civil action
under such section not later than June 30, 1994.
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 of this title,
or under a law administered by the Equal Employment
Opportunity Commission, may be raised under the nego-
tiated grievance procedure in accordance with this section
only 
if 
an 
employee 
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 an action which the em-
ployee or applicant may appeal to the Merit System
Protection Board, 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 title VII 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) of this section that pro-
hibits the conduct alleged to be the basis of the action
referred to in subsection (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 90 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 paragraph (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) of this section there
is no judicially reviewable action, an employee shall be en-
titled 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 subsection (a) of this section.
‘‘(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.’’.
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.
Not later than 1 year after the date of the enactment
of this Act, the Equal Employment Opportunity Commis-
sion 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) requirements applicable to collecting
and preserving documents and information
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, 1994.
(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.
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