Union Calendar No. 389
103D CONGRESS
2D SESSION
H. R. 2721
[Report No. 103–599, Parts I and II]
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 adminis-
trative review of employment discriminations
claims made by Federal employees, and for other
purposes.
AUGUST 19, 1994
Reported from the Committee on Post Office and Civil
Service with an amendment, committed to the Commit-
tee of the Whole House on the State of the Union, and
ordered to be printed
IB
Union Calendar No. 389
103D CONGRESS
2D SESSION
H. R. 2721
[Report No. 103–599, Parts I and II]
To amend title VII of the Civil Rights Act of 1964 and the Age Discrimina-
tion in Employment Act of 1967 to improve the effectiveness of adminis-
trative review of employment discriminations claims made by Federal
employees, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JULY 23, 1993
Mr. MARTINEZ (for himself, Ms. NORTON, Mr. FORD of Michigan, Mr. CLAY,
Mr. OWENS, Mr. MCCLOSKEY, Mrs. SCHROEDER, Mr. MILLER of Califor-
nia, Mr. KILDEE, Mrs. MORELLA, Mr. SAWYER, Mrs. MINK, Mr. DEL-
LUMS, Mr. CONYERS, Mr. STOKES, Mr. FOGLIETTA, Mrs. COLLINS of Illi-
nois, Mr. FRANK of Massachusetts, Mr. SERRANO, Mr. TOWNS, Mr.
OLVER, Mr. SANDERS, Mr. JEFFERSON, Mr. BLACKWELL, Mr. HAST-
INGS, Mr. FILNER, and Mr. RUSH) introduced the following bill; which
was referred jointly to the Committees on Education and Labor and Post
Office and Civil Service
JULY 13, 1994
Reported from the Committee on Education and Labor with an amendment
[Strike out all after the enacting clause and insert the part printed in italic]
AUGUST 19, 1994
Additional sponsors: Mr. BAESLER, Mr. SCOTT, Mr. MINETA, Mr. STARK, Ms.
FURSE, Mr. WYNN, Mr. JACOBS, Mr. ENGEL, Ms. SNOWE, Ms. BROWN
of Florida, Mrs. MEEK, Mr. ROMERO-BARCELO´, Mr. DIXON, Mr. FROST,
Mr. EVANS, Mr. HOCHBRUECKNER, Mr. BORSKI, Mr. PETERSON of Min-
nesota, Mr. DICKS, Mr. KREIDLER, Ms. MCKINNEY, Mrs. LOWEY, Ms.
EDDIE BERNICE JOHNSON of Texas, Mr. PENNY, Mr. TORRES, Mr.
BROWN of California, and Mrs. UNSOELD
AUGUST 19, 1994
Reported from the Committee on Post Office and Civil Service with an amend-
ment, committed to the Committee of the Whole House on the State of
the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in boldface roman]
[For text of introduced bill, see copy of bill as introduced on July 23, 1993]
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 em-
ployment discriminations claims made by Federal em-
ployees, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Federal Employee Fair-
ness Act of 1994’’.
TITLE I—ADMINISTRATIVE RE-
VIEW 
OF 
DISCRIMINATION
CLAIMS
SEC. 101. AMENDMENTS RELATING TO ADMINISTRATIVE
DETERMINATION 
OF 
FEDERAL 
EMPLOYEE
DISCRIMINATION CLAIMS.
(a) DEFINITIONS.—Section 701 of the Civil Rights Act
of 1964 (42 U.S.C. 2000e) is amended—
(1) in paragraph (f) by striking ‘‘The term’’ and
inserting ‘‘Except when it appears as part of the term
‘Federal employee’, the term’’, and
(2) by adding at the end the following:
‘‘(o) The term ‘Commission’ means the Equal Employ-
ment Opportunity Commission.
‘‘(p) The term ‘entity of the Federal Government’
means an entity to which section 717(a) applies, except that
such term does not include the Library of Congress.
‘‘(q) The term ‘Federal employee’ means an individual
employed by, or who applies for employment with, an entity
of the Federal Government.
‘‘(r) The term ‘Federal employment’ means employ-
ment by an entity of the Federal Government.
‘‘(s) The terms ‘government’, ‘government agency’, and
‘political subdivision’ do not include an entity of the Fed-
eral Government.’’.
(b) EEOC DETERMINATION OF FEDERAL EMPLOY-
MENT DISCRIMINATION CLAIMS.—Section 717 of the Civil
Rights Act of 1964 (42 U.S.C. 2000e–16) is amended—
(1) in subsection (b)—
(A) by inserting ‘‘(1)’’ after ‘‘(b)’’,
(B) in the second sentence—
(i) by redesignating paragraphs (1),
(2), and (3), as subparagraphs (A), (B),
and (C), respectively,
(ii) in the subparagraph (B), as so re-
designated, by striking ‘‘and’’ at the end,
(iii) in subparagraph (C), as so redes-
ignated, by striking the period at the end
and inserting ‘‘; and’’, and
(iv) by inserting after subparagraph
(C), as so redesignated, the following:
‘‘(D) require each entity of the Federal Govern-
ment—
‘‘(i) to make counseling available to Federal
employees who choose to notify such entity that
they believe such entity has discriminated
against them in violation of subsection (a), for
the purpose of trying to resolve the matters with
respect to which such discrimination is alleged
(Such entity shall assist such employee to iden-
tify the respondent required by subsection (c)(1)
to be named in a complaint alleging such viola-
tion, shall inform such Federal employee indi-
vidually of the procedures and deadlines that
apply under this section to a claim alleging such
discrimination, and shall make such counseling
available throughout the administrative proc-
ess.);
‘‘(ii) to establish a voluntary alternative
dispute resolution process to resolve complaints,
except that a Federal employee’s decision to forgo
‘‘(D) A complaint filed by or on behalf of a Federal
employee, or a class of Federal employees, employed by a
department, agency, or unit in the intelligence community
(as defined by Executive Order 12333 or any successor to
such order) and alleging a claim of discrimination arising
under subsection (a) shall name as the respondent, and be
filed with the head of the department, agency, or unit in
which such discrimination is alleged to have occurred not
later than 180 days after the alleged discrimination occurs.
‘‘(2) If the complaint is filed with an entity of the Fed-
eral Government other than the department, agency, or unit
in which such discrimination is alleged to have occurred,
then—
‘‘(A) such entity (other than the Commission)
shall transmit the complaint to the Commission, not
later than 10 days after receiving the complaint; and
‘‘(B) the Commission shall transmit a copy of
the complaint, not later than 10 days after receiving
the complaint, to the head of the department, agency,
or unit in which such discrimination is alleged to
have occurred (hereinafter in this section referred to
as the ‘respondent’).
‘‘(3) Not later than 10 days after the respondent re-
ceives the complaint from a source other than the Commis-
sion, the respondent 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 preserve
documents and information (including the complaint) that
are relevant to such claim, including the documents and
information that comply with rules issued by the Commis-
sion.
‘‘(e)(1) The respondent shall make reasonable efforts to
conciliate each claim alleged in the complaint during the
90-day period beginning on the date the complaint is filed
under subsection (c).
‘‘(2)(A) With respect to such claim, the respondent
may enter into a settlement agreement with such Federal
employee.
‘‘(B) The entity of the Federal Government with which
the complaint is filed under subsection (c) shall imme-
diately give formal written notice to such Federal employee
that such Federal employee may either—
‘‘(i) before the expiration of the 90-day period
beginning on the date such Federal employee receives
such notice, file with the Commission—
‘‘(I) a written request for a determination
of such claim under subsection (f) by an admin-
istrative judge of the Commission, together with,
at the option of such Federal employee, a request
that the administrative judge request a stay de-
scribed in subsection (f)(3)(A);
‘‘(II) if such claim alleges discrimination 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 subparagraph (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 pro-
cedures provided in such section 7121 or a re-
quest described in subclause (I); or
‘‘(ii) in the 90-day period beginning 90 days
after the complaint is filed under subsection (c) or in
the 90-day period beginning on the date such Federal
employee receives such notice (whichever 90-day pe-
riod begins later), commence a civil action in an ap-
propriate district court of the United States for de
novo review of such claim.
‘‘(3)(A) Such Federal employee may either—
‘‘(i) file a written request described in clause (i)
of paragraph (2)(B) at any time before the expiration
of the 90-day period specified in clause (i) of such
paragraph; or
‘‘(ii) commence a civil action described in clause
(ii) of such paragraph before the expiration of the ap-
plicable 90-day period specified in clause (ii) of such
paragraph.
‘‘(B) If such Federal employee files a written request
under subclause (II) or (III) of paragraph (2)(B)(i) and
in accordance with subparagraph (A), the Commission shall
transmit the complaint, in the 10-day period beginning 90
days after the complaint is filed under subsection (c), to
the appropriate agency for determination.
‘‘(f)(1) If such Federal employee files a written request
under subsection (e)(2)(B)(i)(I) and in accordance with
subsection (e)(3)(A) with the Commission for a determina-
tion under this subsection of a claim with respect to which
notice is required by subsection (e)(2), then the Commission
shall transmit a copy of such request to the respondent and,
not later than 10 days after receiving such request, shall
appoint an administrative judge of the Commission to de-
termine such claim. If such request includes a request for
a stay described in paragraph (3)(A), then the Commission
shall appoint an administrative judge immediately after re-
ceiving such request.
‘‘(2) Not later than 5 days after receiving a copy of
a request under subsection (e)(2)(B)(i), the respondent shall
transmit—
‘‘(A) to the Commission if such request is for a
determination under this subsection; or
‘‘(B) to the Merit Systems Protection Board if
such request is for a determination be made under the
procedures specified in section 7702(a)(2)(A) of title
5, United States Code;
a copy of all documents and information collected by the
respondent under subsection (d) with respect to such claim.
‘‘(3)(A)(i) If the administrative judge determines there
are reasonable grounds to believe that to carry out the pur-
poses of this section it is necessary to stay a personnel ac-
tion by the respondent against the aggrieved Federal em-
ployee, the administrative judge may request any member
of the Commission to issue a stay against such personnel
action for 15 days.
‘‘(ii) A stay requested under clause (i) shall take effect
on the earlier of—
‘‘(I) the order of such member; and
‘‘(II) the fourth day (excluding Saturday, Sun-
day, and any legal public holiday) following the date
on which such stay is requested unless the request is
denied before the expiration of the 15-day period be-
ginning on such fourth day.
‘‘(B) The administrative judge may request any mem-
ber of the Commission to extend, for a period not to exceed
30 days, a stay issued under subparagraph (A).
‘‘(C) The administrative judge may request the Com-
mission to extend such stay for any period the Commission
considers to be appropriate beyond the period in effect
under subparagraph (A) or (B).
‘‘(D)(i) Members of the Commission shall have author-
ity to issue and extend a stay for the periods referred to
in subparagraphs (A) and (B). The Commission shall have
authority to extend a stay in accordance with subparagraph
(C) for any period.
‘‘(ii) The respondent shall comply with a stay in effect
under this paragraph.
‘‘(4) The administrative judge shall determine whether
the documents and information received under paragraph
(2) comply with subsection (d) and are complete and accu-
rate. If the administrative judge finds that the respondent
has failed to produce the documents and information nec-
essary to comply with such subsection, the administrative
judge shall, in the absence of good cause shown by the re-
spondent, impose any of the sanctions specified in para-
graph (6)(C) and shall require the respondent—
‘‘(A) to obtain any additional documents and in-
formation necessary to comply with such subsection;
and
‘‘(B) to correct any inaccuracy in the documents
and information so received.
‘‘(5)(A) After examining the documents and informa-
tion received under paragraph (4), the administrative judge
shall issue an order dismissing—
‘‘(i) any frivolous claim alleged in the com-
plaint; and
‘‘(ii) the complaint if it fails to state a
nonfrivolous claim for which relief may be granted
under this section.
‘‘(B)(i) If a claim or the complaint is dismissed under
subparagraph (A), the administrative judge shall give for-
mal written notice to the aggrieved 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—
‘‘(I) file with the Commission a written request
for appellate review of such order; 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 chap-
ter 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 disparate
impact) prohibited under this section, subject 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 to a prevailing party (other
than an entity of the Federal Government)—
‘‘(i) a reasonable 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
‘‘(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 sub-
poena 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 resides or is
served may issue an order requiring such person to appear
at any designated place to testify or to produce documen-
tary 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)(I) 300 days after the complaint containing
such claim is filed by or on behalf of a Federal em-
ployee if such complaint is filed in the 1-year period
beginning on the effective date of this subsection;
‘‘(II) except as provided in subclause (I), 210
days after the complaint containing such claim is
filed by or on behalf of a Federal employee; or
‘‘(ii) 2 years and 30 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 make
a determination under paragraph (6)(A)(i) in the case if
the administrative judge certifies, in writing, that such 30-
day period is needed to secure additional documents or in-
formation from the respondent to have a complete adminis-
trative 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 period—
‘‘(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 complying
with the applicable period specified in subparagraph
(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 extension
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 denied,
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 receives
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 ac-
cordance with subsection (f)(5)(B)(i) or (f)(7)(E)(ii) with
the Commission for appellate review of the determination
made, and relief granted or denied, with respect to a claim
in such order, then the Commission shall immediately
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 information
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 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 and are otherwise in accordance
with law. The findings of fact of the administrative 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, before
the expiration of the 90-day period beginning on the date
such Federal employee receives such order, such Federal em-
ployee may commence a civil action in an appropriate dis-
trict court of the United States for de novo review 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)(F) and (g)(3)(D)—
‘‘(A)(i) during the period beginning 390 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 under such subsection an
order that is subject to subsection (f)(7)(A)(i)(I) with
respect to such claim; and
‘‘(ii) during the period beginning 300 days after
an aggrieved Federal employee timely requests an ad-
ministrative determination under subsection (f) with
respect to a claim and ending on the date the admin-
istrative judge issues under such subsection an order
that is subject to subsection (f)(7)(A)(i)(II) with re-
spect to such claim;
‘‘(B) during the period beginning 2 years and
120 days after an aggrieved Federal employee timely
requests an administrative determination under sub-
section (f) with respect to a claim and ending on the
date the administrative judge issues under such sub-
section an order that is subject to subsection
(f)(7)(A)(ii) with respect to such claim; and
‘‘(C) during the period beginning 210 days after
such Federal employee timely requests appellate re-
view under subsection (g) of such determination 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 jurisdiction
of the administrative judge or the Commission (as the case
may be) to determine the merits of such claim shall termi-
nate.
‘‘(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 ap-
plicable to such claim;
‘‘(2) the provisions of an order issued by an ad-
ministrative judge under subsection (f)(7)(A) applica-
ble to such claim if—
‘‘(A) a request is not filed timely under sub-
section (g)(1) for appellate review by the Com-
mission; and
‘‘(B) a civil action is not commenced timely
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 sub-
section from any funds made available to such entity by
appropriation or otherwise.
‘‘(k)(1) 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 if otherwise on duty, for
time expended in accordance with regulations issued by the
Commission to carry out this subsection, except that such
leave shall include reasonable time for—
‘‘(A) preparation of a complaint based on such
allegation;
‘‘(B) responding to requests made by the Com-
mission or the respondent for information; and
‘‘(C) attendance at such proceeding or action.
‘‘(2) Except as provided in paragraph (1), an entity
of the Federal Government shall grant a Federal employee
official leave or paid administrative leave to participate for
the benefit of a claimant in an administrative proceeding
or civil action commenced under this section to the same
extent and under such circumstances as such entity would
grant such employee official leave or paid administrative
leave to participate for the benefit of a Federal entity in
an administrative proceeding or civil action commenced
under this section against such entity.
‘‘(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 determina-
tion 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 determination.
‘‘(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 con-
sent 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) prohibited
by this section, a Federal employee prevails in a proceeding
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 individual 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 1994,
shall apply with respect to employment in the Library of
Congress.’’.
SEC. 102. AMENDMENTS TO THE AGE DISCRIMINATION IN
EMPLOYMENT ACT AND THE REHABILITA-
TION 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),
(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 Em-
ployee Fairness Act of 1994, shall apply with respect to em-
ployment in the Library of Congress.
‘‘(2) Except as provided in paragraph (1)(B) and sub-
section (d), such section 717 shall apply to a violation al-
leged 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 vio-
lation 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 commenced
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.’’,
(C) in subsection (f)—
(i) by inserting ‘‘(1)’’ after ‘‘(f)’’,
(ii) by striking ‘‘section 12(b)’’ and insert-
ing ‘‘sections 12(b) and 4(d)’’, and
(iii) by adding at the end the following:
‘‘(2)(A) Subject to subparagraph (B), an unlawful per-
sonnel action of the kind described in section 4(d) is estab-
lished under subsection (a) if an employee or applicant for
employment demonstrates that his opposing any practice
made an unlawful employment practice by subsection (a),
his making a charge, testifying, assisting, or participating
in any manner in an investigation, proceeding, or hearing
under this section, or his communicating with the Congress
regarding discrimination in violation of subsection (a) was
a contributing factor in an adverse personnel action that
was taken or is to be taken against such employee or appli-
cant.
‘‘(B) Relief under this section may not be granted if
the respondent demonstrates by clear and convincing evi-
dence that it would have taken the same personnel action
in the absence of such disclosure.’’.
(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 1994, shall apply with respect to em-
ployment 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 Discrimina-
tion in Employment Act of 1967 (29 U.S.C. 633a), or sec-
tion 501 of the Rehabilitation Act of 1973 (29 U.S.C. 791)),
with the Equal Employment Opportunity Commission is
pending in the period beginning on the date of the enact-
ment of this Act and ending on December 31, 1995, the in-
dividual who filed such complaint may commence a civil
action under such section not later than June 30, 1996.
SEC. 103. 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 sentence by inserting ‘‘, in
the discretion of the aggrieved employee,’’ after
‘‘may’’, and
(C) in the last sentence by striking ‘‘Selec-
tion’’ and all that follows through ‘‘any other’’,
and inserting the following:
‘‘(2) 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’’.
(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 Protection
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 15 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 Em-
ployment Opportunity Commission in accordance with sec-
tion 717 of the Civil Rights Act of 1964 and shall make
a request under section 717(e)(2)(B)(i) selecting the proce-
dures 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 re-
ferred to in subsection (a)(1) that prohibits the conduct al-
leged 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 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 the
receipt under section 717(e)(3)(B) of the Civil Rights Act
of 1964 of a complaint as a result of an election made under
section 717(e)(2)(B)(i) of the Civil Rights Act of 1964 to
raise an action under the procedures specified in subsection
(a)(2)(A) there is no judicially reviewable action, an em-
ployee shall be entitled to file, not later than 240 days after
making such election, a civil action in an appropriate dis-
trict court of the United States for de novo review of the
action raised under subsection (a).
‘‘(d) Nothing in this section shall be construed to affect
the right to trial de novo under any provision of law de-
scribed in subsection (a)(1) after a judicially reviewable ac-
tion.’’.
(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 receives
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 Employment Act of
1967, or section 501 of the Rehabilitation Act of 1973, the
Special Counsel shall investigate the matter 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 accordance
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 Spe-
cial Counsel receives notification (referred to in paragraph
(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 accordance
with section 717(g)(3)(D),
the appropriate date is the date on which the Office of Spe-
cial Counsel receives notification (referred to in paragraph
(1)) from the Commission.
‘‘(C) With respect to a claim to which a final judgment
issued by a court of the United States applies, the appro-
priate date is the date on which the Office of Special Coun-
sel 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 judgment
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 meaning
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 Post-
al 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 em-
ploying authority for at least the greater of—
‘‘(1) 270 days after the effective date of the per-
sonnel action to which they relate; or
‘‘(2) the period of time otherwise required under
applicable provisions of law, rule, or regulation, 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) CONFORMING AMENDMENTS.—Section 7703(b) of
title 5, United States Code, is amended—
(1) in paragraph (1) by striking ‘‘(1) Except as
provided in paragraph (2) of this subsection, a’’ and
inserting ‘‘A’’, and
(2) by striking paragraph (2).
(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 re-
quired, 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 section
2302(b)(1).’’.
SEC. 104. 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. 105. 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 Govern-
ment to comply with section 717(d) of the Civil
Rights Act of 1964, as added by section 101 of this
Act,
(2) rules establishing—
(A) a uniform written official notice to be
used to comply with section 717 of such Act, as
added by section 101 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
101 of this Act, and
(3) guidelines describing in detail an alternative
dispute resolution process that may be used by enti-
ties of the Federal Government (as defined in section
701(p) of the Civil Rights Act of 1964 (7 U.S.C.
2000e(p)) consistent with the administrative process
applicable to claims under section 717 of such Act.
SEC. 106. ISSUANCE OF RULES REGARDING CLASSIFIED IN-
FORMATION.
(a) RULES REQUIRED.—The Equal Employment Op-
portunity Commission, in consultation with the Director
of Central Intelligence, the Secretary of Defense, and the
Director of the Information Security Oversight Office of the
General Services Administration, shall issue rules to ensure
the protection of classified information and national secu-
rity information in administrative proceedings under sec-
tion 717 of the Civil Rights Act of 1964 (42 U.S.C. 2000e–
16). Such rules shall include a requirement that complaints
filed under section 717(c) of such Act that bear on classified
information shall be handled only by administrative judges,
and other commission personnel, who have appropriate se-
curity clearances.
(b) DEFINITION.—For purposes of subsection (a), the
term ‘‘classified information’’ has the meaning given such
term in section 6096(1) of the National Security Act of
1947 (50 U.S.C. 426(1)).
SEC. 107. 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 title shall
be deemed to be a reference to such provision as amended
by this title.
SEC. 108. SENSE OF THE CONGRESS.
It is the sense of the Congress that because the amend-
ments made by this title—
(1) impose on the Equal Employment Oppor-
tunity Commission additional administrative respon-
sibility in the processing of claims of Federal employ-
ees based on discrimination in employment,
(2) increase the financial burden on the Commis-
sion to carry out such responsibility, and
(3) lessen the responsibility of Federal agencies
in the processing of such claims,
the amount appropriated to the Commission to carry out
laws prohibiting discrimination in Federal employment
should be increased to enable the Commission to carry out
its additional responsibility.
SEC. 109. EFFECTIVE DATE; APPLICATION OF AMEND-
MENTS.
(a) EFFECTIVE DATE.—Except as provided in sub-
sections (b) and (c), this title and the amendments made
by this title shall take effect on January 1, 1996.
(b) APPLICATION OF AMENDMENTS.—Except as pro-
vided in section 107, the amendments made by this title
(other than sections 102 and 103) 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.
(c) SECTIONS 105 AND 106.—Sections 105 and 106
shall take effect on the date of the enactment.
TITLE II—AGE DISCRIMINATION
SEC. 201. COVERAGE OF EMPLOYEES OF THE HOUSE OF
REPRESENTATIVES.
The Age Discrimination in Employment Act of 1967
(29 U.S.C. 621 et seq.) is amended—
(1) by redesignating sections 16 and 17 as sec-
tions 17 and 18, respectively, and
(2) by inserting after section 15 the following:
‘‘COVERAGE OF CERTAIN EMPLOYEES IN THE LEGISLATIVE
BRANCH OF THE FEDERAL GOVERNMENT
‘‘SEC. 16. (a) For purposes of this section—
‘‘(1) the term ‘employee’ means an individual
who is employed by, or who applies for employment
with, an employing authority;
‘‘(2) the term ‘employing authority’ has the
meaning given it in the Fair Employment Practices
Resolution and also includes any agent of the employ-
ing authority and any Member who participates in
determining the terms and conditions applicable to
an employee’s employment and any agent of such
Member, but with respect to a position on the minor-
ity staff of a committee, such term does not include
the Chairman of such committee;
‘‘(3) the term ‘Fair Employment Practices Reso-
lution’ means—
‘‘(A) House Resolution 558 of the One Hun-
dredth Congress, as adopted October 4, 1988, and
incorporated into rule LI of the Rules of the
House of Representatives of the One Hundred
Third Congress; or
‘‘(B) any other provision that continues in
effect the provisions of such resolution; and
‘‘(4) the term ‘instrumentality of the Congress’
means a unit of the legislative branch (other than the
Congress) that does not have positions in the competi-
tive service and any agent of such unit.
‘‘(b) Sections 4 and 7(f) shall apply to employees and
to employing authorities.
‘‘(c)(1) The remedies and procedures under the Fair
Employment Practices Resolution shall apply with respect
to a violation of section 4 as such section is made applicable
by subsection (b).
‘‘(2) Within 90 days of the exhaustion of all procedures
authorized under paragraph (1) or after 180 days after the
filing of a complaint in accordance with such procedures,
an employee may bring a civil action in the appropriate
United States district court against the employee’s employ-
ing authority. In any such action, the court may order such
relief, including damages, attorneys’ fees, and other costs,
as may be ordered by a court under section 7.
‘‘(d) Section 4, as such section is made applicable by
subsection (b), does not prohibit the taking into consider-
ation of —
‘‘(1) the domicile of an individual with respect
to a position under the clerk-hire allowance of the
House of Representatives; or
‘‘(2) the political affiliation of an individual
with respect to a position under such clerk-hire allow-
ance or a position on the staff of a committee.
‘‘(e) The Committee on House Administration of the
House of Representatives shall determine which account
shall be used for payments to an aggrieved employee under
this section.
‘‘(f) Each employing authority shall post and keep
posted in conspicuous places on its premises a notice that
shall be prepared by the Office of Fair Employment Prac-
tices, setting forth such information as the Office considers
to be appropriate to carry out this section.
‘‘(g) Subsection (c)(1) is enacted as an exercise of the
rulemaking power of the House of Representatives, with full
recognition of the right of the House of Representatives to
change its rules in the same manner, and to the same extent,
as in any other rule of the House of Representatives.
‘‘(h)(1) Subject to paragraph (2), sections 4 and 7(f)
shall apply with respect to individuals who are employed
by, or who apply for employment with, an instrumentality
of the Congress.
‘‘(2) The chief official of each instrumentality of the
Congress shall establish remedies and procedures to protect
the rights provided for in paragraph (1). Such remedies and
procedures shall apply exclusively with respect to such
rights and shall provide to such individual protection that
is equal to or greater than the protection provided under
this section to employees of an employing authority.
‘‘(3) The chief official of each instrumentality of the
Congress shall submit to the Congress a report describing
the remedies and procedures it has established to comply
with paragraph (2).
‘‘(4) Within 90 days of the exhaustion of all procedures
in effect under paragraph (2) or after 180 days after the
filing of a complaint in accordance with such procedures
(or, if no applicable procedures are in effect under para-
graph (2), within 180 days after the alleged violation), an
employee may bring a civil action in the appropriate Unit-
ed States district court against the employee’s instrumen-
tality. In any such action, the court may order such relief,
including damages, attorneys’ fees, and other costs as may
be ordered by a court under section 7.’’.
TITLE III—TITLE VII OF THE
CIVIL RIGHTS ACT OF 1964
SEC. 301. REFERENCE.
Whenever in this title an amendment or repeal is ex-
pressed in terms of an amendment to, or repeal of, a section
or other provision, the reference shall be considered to be
made to a section or other provision of the Civil Rights
Act of 1991.
SEC. 302. APPLICATION TO CONGRESS.
(a) COVERAGE.—Section 117(a)(2)(A) (2 U.S.C.
60l(a)(2)(A)) is amended by adding at the end the follow-
ing: ‘‘For purposes of this section, the term ‘employee’ also
includes an individual who applies for employment and the
term ‘employing authority’ also includes any agent of the
employing authority and any Member who participates in
determining the terms and conditions applicable to an em-
ployee’s employment and any agent of such Member but
with respect to a position on the minority staff of a commit-
tee such term does not include the Chairman of such com-
mittee.’’.
(b) EMPLOYEE
ACTIONS, PAYMENTS, CONSIDER-
ATIONS, AND NOTICE.—
(1) AMENDMENT.—Section 117 (2 U.S.C. 60l) is
amended in subsection (b)(4)—
(A) by inserting before the period the follow-
ing: ‘‘and includes any agent of any of the fore-
going entities’’, and
(B) by adding at the end the following:
‘‘(c) EMPLOYEE ACTIONS.—
‘‘(1) IN GENERAL.—Within 90 days of the ex-
haustion of all procedures in effect under subsection
(a) or (b) or after 180 days after the filing of a com-
plaint in accordance with such procedures (or, if no
applicable procedures are in effect under such sub-
section, within 180 days after the alleged violation),
an employee may bring a civil action in the appro-
priate United States district court against the em-
ployee’s employing authority or if employed by an in-
strumentality of Congress, against such instrumental-
ity. In any such action, the court may order such re-
lief as is provided under title VII of the Civil Rights
Act of 1964 and section 1977A of the Revised Statutes
(42 U.S.C. 1981a), except that—
‘‘(A) the sum of the amount of compen-
satory damages awarded for future pecuniary
losses, emotional pain, suffering, inconvenience,
mental anguish, loss of enjoyment of life, and
other nonpecuniary losses and the amount of pu-
nitive damages shall not exceed, in the aggregate,
for each complaining party $300,000 in an ac-
tion against an employing authority, and
‘‘(B) the amount of punitive damages may
not exceed $50,000.
‘‘(2) TRIAL.—In an action brought under para-
graph (1)—
‘‘(A) any party may demand a trial by
jury, and
‘‘(B) the court shall not inform the jury of
the dollar limitation prescribed by paragraph
(1).
‘‘(3) FEES.—In an action brought under para-
graph (1), the court may allow the prevailing party
a reasonable attorney’s fees (including expert witness
fees) as part of the costs.
‘‘(d) PAYMENTS.—(1) The Committee on House Ad-
ministration of the House of Representatives shall deter-
mine which account shall be used for payments (other than
punitive damages) to an aggrieved employee under this sec-
tion.
‘‘(2) Punitive damages, if any, shall be assessed only
against the employing authority personally. No entity of
the Federal Government shall be liable for punitive damages
assessed under this section.
‘‘(e) CONSIDERATIONS.—The rights and protections
provided by this section do not prohibit the taking into con-
sideration of—
‘‘(1) the domicile of an individual with respect
to a position under the clerk-hire allowance of the
House of Representatives; or
‘‘(2) the political affiliation of an individual
with respect to a position under such clerk-hire allow-
ance or a position on the staff of a committee.
‘‘(f) NOTICE.—Each employing authority and instru-
mentality of Congress shall post and keep posted, in con-
spicuous places on its premises, a notice that shall be pre-
pared by the Office of Fair Employment Practices or the
instrumentality which sets forth such information as such
Office or instrumentality considers to be appropriate to
carry out this section.’’.
(2) 
CONFORMING
AMENDMENT.—Section
117(a)(2)(B)(i) (2 U.S.C. 60l(a)(2)(B)(i)) is amended
by inserting before the period at the end the following:
‘‘, except as provided in subsections (c) through (f)’’.
TITLE IV—DISABILITIES
SEC. 401. REFERENCE.
Whenever in this title an amendment or repeal is ex-
pressed in terms of an amendment to, or repeal of, a section
or other provision, the reference shall be considered to be
made to a section or other provision of the Americans with
Disabilities Act of 1990.
SEC. 402. APPLICATION TO CONGRESS.
(a) COVERAGE.—Section 509(b)(2)(A) (42 U.S.C.
12209(b)(2)(A)) is amended by adding at the end the follow-
ing: ‘‘For purposes of this section, the term ‘employee’ also
includes an individual who applies for employment and the
term ‘employing authority’ also includes any agent of the
employing authority and any Member who participates in
determining the terms and conditions applicable to an em-
ployee’s employment and any agent of such Member but
with respect to the minority staff of a committee does not
include the Chairman of such committee.’’.
(b) EMPLOYEE
ACTIONS, PAYMENTS, CONSIDER-
ATIONS, AND NOTICE.—
(1) AMENDMENT.—Section 509 (42 U.S.C.
12209) is amended—
(A) in subsection (c)(4), by adding before
the period the following: ‘‘and includes any agent
of any of the foregoing entities’’, and
(B) by adding at the end the following:
‘‘(d) EMPLOYEE ACTIONS.—
‘‘(1) IN GENERAL.—Within 90 days of the ex-
haustion of all procedures in effect under subsection
(b)(2) or (c)(2) or after 180 days after the filing of
a complaint in accordance with such procedures (or,
if no applicable procedures are in effect under such
subsection, within 180 days after the alleged viola-
tion), an employee may bring a civil action in the
appropriate United States district court against the
employee’s employing authority or if employed by an
instrumentality of Congress, against such instrumen-
tality. In any such action, the court may order such
relief as is provided under title VII of the Civil
Rights Act of 1964 and section 1977A of the Revised
Statutes (42 U.S.C. 1981a), except that—
‘‘(A) the sum of the amount of compen-
satory damages awarded for future pecuniary
losses, emotional pain, suffering, inconvenience,
mental anguish, loss of enjoyment of life, and
other nonpecuniary losses and the amount of pu-
nitive damages shall not exceed, in the aggregate,
for each complaining party $300,000 in an ac-
tion against an employing authority, and
‘‘(B) the amount of punitive damages may
not exceed $50,000.
‘‘(2) TRIAL.—In an action brought under para-
graph (1)—
‘‘(A) any party may demand a trial by
jury, and
‘‘(B) the court shall not inform the jury of
the dollar limitation prescribed by paragraph
(1).
‘‘(3) FEES.—In an action brought under para-
graph (1), the court may allow the prevailing party
reasonable attorney’s fees (including expert witness
fees) as part of the costs.
‘‘(e) PAYMENTS.—(1) The Committee on House Ad-
ministration of the House of Representatives shall deter-
mine which account shall be used for payments (other than
punitive damages) to an aggrieved employee under this sec-
tion and shall issue guidelines to ensure such reimburse-
ment.
‘‘(2) Punitive damages, if any, shall be assessed only
against the employing authority personally. No entity of
the Federal Government shall be liable for punitive damages
assessed under this section.
‘‘(f) CONSIDERATIONS.—The rights and protections
provided by this section do not prohibit the taking into con-
sideration of—
‘‘(1) the domicile of an individual with respect
to a position under the clerk-hire allowance of the
House of Representatives; or
‘‘(p) The term ‘Commission’ means the
Equal Employment Opportunity Commission.
‘‘(q) The term ‘entity of the Federal Gov-
ernment’ means an entity to which section
717(a) applies, except that such term does not
include the Library of Congress.
‘‘(r) The term ‘Federal employee’ means an
individual employed by, or who applies for
employment with, an entity of the Federal
Government.
‘‘(s) The term ‘Federal employment’ means
employment by an entity of the Federal Gov-
ernment.
‘‘(t) The terms ‘government’, ‘government
agency’, and ‘political subdivision’ do not in-
clude an entity of the Federal Government.’’.
(b) EEOC DETERMINATION OF FEDERAL EM-
PLOYMENT
DISCRIMINATION
CLAIMS.—Section
717 of the Civil Rights Act of 1964 (42 U.S.C.
2000e–16) is amended—
(1) in subsection (b)—
(A) by inserting ‘‘(1)’’ after ‘‘(b)’’,
(B) in the second sentence—
(i) 
by 
redesignating 
para-
graphs (1), (2), and (3), as sub-
paragraphs (A), (B), and (C), re-
spectively,
(ii) in the subparagraph (B),
as so redesignated, by striking
‘‘and’’ at the end,
(iii) in subparagraph (C), as so
redesignated, by striking the pe-
riod at the end and inserting ‘‘;
and’’, and
(iv) by inserting after sub-
paragraph (C), as so redesignated,
the following:
‘‘(D) require each entity of the Fed-
eral Government—
‘‘(i) to make counseling available
to Federal employees who believe
such entity has discriminated against
them in violation of this section, for
the purpose of trying to resolve the
matters with respect to which such
discrimination is alleged (Such entity
shall assist such employee to identify
the 
respondent 
required 
by 
sub-
section (c)(1) to be named in a com-
plaint alleging such violation, shall
inform such Federal employee indi-
vidually of the procedures and dead-
lines that apply under this section to
a claim alleging such discrimination,
and shall make such counseling avail-
able throughout the administrative
process.);
‘‘(ii) to establish a voluntary alter-
native dispute resolution process to
resolve complaints, except that a Fed-
eral employee’s decision to forgo such
process shall not affect the rights of
such employee under this title;
‘‘(iii) not to discourage Federal
employees from filing complaints on
any matter relating to discrimination
in violation of this section;
‘‘(iv) not to require Federal em-
ployees to participate in conciliation
made 
available 
under 
subsection
(c)(1)(A)(ii) unless such entity has an
alternative dispute resolution process
approved by the Commission as de-
scribed in such subsection; and
‘‘(v) not to require Federal em-
ployees to participate in a dispute
resolution process made available
under clause (ii).
‘‘(2)(A) A Federal employee who believes
that an entity of the Federal Government has
discriminated against such employee in viola-
tion of this section, to whom subsection
(c)(1)(A)(ii) applies, who has requested such
entity to provide the conciliation described in
subsection (c)(1)(A)(ii), and who is the subject
of, or about to be the subject of, a personnel
action to be taken against such employee as
a result of expressing that belief or requesting
such conciliation may file with the Commis-
sion a request for a stay of such personnel ac-
tion, together with an affidavit made by such
employee in support of such request.
‘‘(B) Immediately after receiving such re-
quest so supported, the Commission shall ap-
point an administrative judge to review such
request. Subsection (f)(3) shall apply with re-
spect to such review and to the issuance of a
stay requested under subparagraph (A).’’,
(C) in the third sentence by strik-
ing ‘‘The’’ and inserting the following:
‘‘(3) The’’,
(D) in the fourth sentence by re-
designating paragraphs (1) and (2) as
subparagraphs (A) and (B), respec-
tively,
(E) in the last sentence by strik-
ing ‘‘With’’ and inserting the follow-
ing:
‘‘(4) With’’, and
(F) by adding at the end the fol-
lowing:
‘‘(5)(A) Subject to subparagraph (B), an
unlawful employment practice of the kind de-
scribed in section 704(a) is established under
this section if an employee or applicant for
employment demonstrates that his opposing
any practice made an unlawful employment
practice by this title, his making a charge, tes-
tifying, assisting, or participating in any man-
ner in an investigation, proceeding, or hear-
ing under this title, or his communicating
with the Congress regarding discrimination
in violation of this section was a contributing
be excluded for purposes calculating
such 180 days.
‘‘(B) 
For 
purposes 
of 
subparagraph
(A)(ii)—
‘‘(i) conciliation shall occur during
the regular working hours of such Fed-
eral employee; and
‘‘(ii) an individual may not be author-
ized to represent the respondent if such
individual—
‘‘(I) has or has had any involve-
ment in the circumstances relating to
any of such claims; or
‘‘(II) has or has had supervisory
authority 
over 
such 
Federal 
em-
ployee.
‘‘(C) If, not later than 180 days (deter-
mined under subparagraph (A)) after the al-
leged discrimination occurs, the complaint is
filed—
‘‘(i) with such department, agency, or
unit and fails to name the head of the de-
partment, agency, or unit as the respond-
ent; or
‘‘(ii) except as provided in subpara-
graph (E), with any other entity of the
Federal Government, regardless of the re-
spondent named;
the complaint shall be considered to be filed
in compliance with subparagraph (A).
‘‘(D) A complaint filed under this section
with respect to a claim of discrimination aris-
ing under this section shall be dismissed if—
‘‘(i) such claim is a grievance that is
subject to section 7121 of title 5, United
States Code; and
‘‘(ii) the aggrieved Federal employee
has, in the discretion of the Federal em-
ployee, exercised the option under sec-
tion 7121(d) of such title to raise the mat-
ter under the negotiated grievance proce-
dure before filing the complaint.
‘‘(E) A complaint filed by or on behalf of
a Federal employee, or a class of Federal em-
ployees, employed by a department, agency,
or unit in the intelligence community (as de-
fined by Executive Order 12333 or any succes-
sor to such order) and alleging a claim of dis-
crimination arising under this section shall
be filed with the department, agency, or unit
in which such discrimination is alleged to
have occurred not later than 180 days (deter-
mined under subparagraph (A)) after the al-
leged discrimination occurs.
‘‘(2) If the complaint is filed with an entity
of the Federal Government other than the de-
partment, agency, or unit in which such dis-
crimination is alleged to have occurred,
then—
‘‘(A) such entity (other than the Com-
mission) shall transmit the complaint to
the Commission, not later than 10 days
after receiving the complaint; and
‘‘(B) the Commission shall transmit a
copy of the complaint, not later than 10
days after receiving the complaint, to the
head of the department, agency, or unit
in which such discrimination is alleged to
have occurred (hereinafter in this section
referred to as the ‘respondent’).
‘‘(3) Not later than 10 days after the re-
spondent receives the complaint from a
source other than the Commission, the re-
spondent shall transmit to the Commission a
copy of the complaint.
‘‘(d) Throughout the period beginning on
the date the respondent receives the com-
plaint and ending on the latest date by which
all administrative and judicial proceedings
available under this section have been con-
cluded with respect to such claim, the re-
spondent shall collect and preserve docu-
ments and information (including the com-
plaint) that are relevant to such claim, includ-
ing the documents and information that com-
ply with rules issued by the Commission.
‘‘(e)(1) The respondent shall make reason-
able efforts to conciliate each claim alleged in
the complaint beginning on the date the com-
plaint is filed under subsection (c). After the
complaint is filed, the respondent shall
promptly inform such Federal employee indi-
vidually of the procedures and deadlines that
apply under this section to a claim alleging
such discrimination.
‘‘(2)(A) With respect to such claim, the re-
spondent may enter into a settlement agree-
ment with such Federal employee.
‘‘(B) The entity of the Federal Government
with which the complaint is filed under sub-
section (c) shall immediately give formal writ-
ten notice to such Federal employee that such
Federal employee may either—
‘‘(i) before the expiration of the 90-
day period beginning on the date such
Federal employee receives such notice,
file with the Commission—
‘‘(I) a written request for a deter-
mination of such claim under sub-
section (f) by an administrative judge
of the Commission, together with, at
the option of such Federal employee,
a request that the administrative
judge request a stay described in sub-
section (f)(3)(A);
‘‘(II) if such claim alleges dis-
crimination in the Commission or al-
leges an action appealable to the
Merit Systems Protection Board, a
written request electing that a deter-
mination of such claim be made
under the procedures specified in ei-
ther subparagraph (A) or (B) of sec-
before the expiration of the 90-day period
specified in clause (i) of such paragraph;
or
‘‘(ii) commence a civil action de-
scribed in clause (ii) of such paragraph
before the expiration of the applicable 90-
day 
period 
specified 
in 
paragraph
(2)(B)(ii).
‘‘(B) If such Federal employee files a writ-
ten request under subclause (II) or (III) of
paragraph (2)(B)(i) and in accordance with
subparagraph (A)(i), the Commission shall
transmit the complaint, not later than 10 days
after the Commission receives the complaint,
to the appropriate agency for determination.
‘‘(f)(1) If such Federal employee files a
written 
request 
under 
subsection
(e)(2)(B)(i)(I) and in accordance with sub-
section (e)(3)(A) with the Commission for a de-
termination under this subsection of a claim
with respect to which notice is required by
subsection (e)(2), then the Commission shall
transmit a copy of such request to the re-
spondent and, not later than 10 days after re-
ceiving such request, shall appoint an admin-
istrative judge of the Commission to deter-
mine such claim. If such request includes a re-
quest for a stay described in paragraph (3)(A),
then the Commission shall appoint an admin-
istrative judge immediately after receiving
such request.
‘‘(2) Not later than 5 days after receiving
a 
copy 
of 
a 
request 
under 
subsection
(e)(2)(B)(i), the respondent shall transmit—
‘‘(A) to the Commission if such re-
quest is for a determination under this
subsection; or
‘‘(B) to the Merit Systems Protection
Board if such request is for a determina-
tion be made under the procedures speci-
fied in section 7702(a)(2)(A) of title 5,
United States Code;
a copy of all documents and information col-
lected by the respondent under subsection (d)
with respect to such claim.
‘‘(3)(A) The administrative judge, in ac-
cordance with rules issued by the Commis-
sion, may request any member of the Commis-
sion to order a stay of any personnel action
for 45 days if the administrative judge deter-
mines that there are reasonable grounds to
believe that the personnel action was taken
for discriminatory or retaliatory reasons pro-
hibited under this section.
‘‘(B)(i) Any member of the Commission re-
quested under subparagraph (A) to order a
stay shall order such stay unless the member
determines that, under the facts and cir-
cumstances involved, such a stay does not
comply with such rules or otherwise would
not be appropriate.
‘‘(ii) Unless denied under clause (i), any
stay requested under subparagraph (A) shall
be deemed to be ordered on the third cal-
endar day (excluding Saturdays, Sundays,
and legal holidays) after the date of the re-
quest.
‘‘(C) If a stay is ordered under subpara-
graph (B), the member who received the re-
quest for such stay may terminate such stay
at any time after giving notice, and an oppor-
tunity for oral or written comments, to the ag-
grieved Federal employee on whose behalf
such stay was ordered.
‘‘(D)(i) The Commission may extend the
period of any stay granted under subpara-
graph (B) for any period that the Commission
considers appropriate.
‘‘(ii) Members of the Commission shall
allow any entity of the Federal Government
that would be subject to a stay, or to the ex-
tension of a stay, to comment to such mem-
bers and the Commission on the request for
such stay and on a request for such extension.
‘‘(iii) The respondent shall comply with a
stay in effect under this section.
‘‘(4) The administrative judge shall deter-
mine whether the documents and information
received under paragraph (2) comply with
subsection (d) and are complete and accurate.
If the administrative judge finds that the re-
spondent has failed to produce the documents
and information necessary to comply with
such subsection, the administrative judge
shall, in the absence of good cause shown by
the respondent, impose any of the sanctions
specified in paragraph (6)(C) and shall re-
quire the respondent—
‘‘(A) to obtain any additional docu-
ments and information necessary to com-
ply with such subsection; and
‘‘(B) to correct any inaccuracy in the
documents and information so received.
‘‘(5)(A) After examining the documents
and information received under paragraph
(4), the administrative judge shall issue an
order dismissing—
‘‘(i) any frivolous claim alleged in the
complaint;
‘‘(ii) any claim of a Federal employee
who fails to comply with subsection
(c)(1)(A)(ii) if applicable to such em-
ployee; and
‘‘(iii) the complaint if it fails to state
a nonfrivolous claim for which relief may
be granted under this section.
‘‘(B)(i) If a claim or the complaint is dis-
missed under subparagraph (A), the adminis-
trative judge shall give formal written notice
to the aggrieved 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—
‘‘(ii) On the request of the aggrieved Fed-
eral 
employee, 
the 
administrative 
judge
shall—
‘‘(I) determine whether the adminis-
trative proceeding with respect to such
claim may be maintained as a class pro-
ceeding; and
‘‘(II) if the administrative proceeding
may be so maintained, shall describe
those whom the administrative 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 action to the extent
deemed appropriate by the administrative
judge.
‘‘(C) If the aggrieved Federal employee or
the respondent fails without good cause to re-
spond fully and in a timely fashion to a re-
quest made or approved by the administrative
judge for information or the attendance of a
witness, and if such information or such wit-
ness is solely in the control of the party who
so fails to respond, then the administrative
judge shall—
‘‘(i) draw an adverse inference that
the requested information, or the testi-
mony of the requested witness, would
have reflected unfavorably on the party
who so fails to respond;
‘‘(ii) consider the matters to which
such information or such testimony per-
tains to be established in favor of the op-
posing party;
‘‘(iii) exclude other evidence offered
by the party who so fails to respond;
‘‘(iv) grant full or partial relief, in-
cluding—
‘‘(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 disparate im-
pact) prohibited under this section,
subject to the limitations specified in
section 1977A(b)(3) of the Revised
Statutes of the United States;
to the aggrieved Federal employee; or
‘‘(v) take such other action the admin-
istrative judge considers to be appro-
priate.
‘‘(D) In a hearing on a claim, the adminis-
trative judge shall—
‘‘(i) limit attendance to persons who
have a direct connection with such claim;
‘‘(ii) bring out pertinent facts and rel-
evant employment practices and policies,
and ensure that the record is developed
for a full and fair determination of such
claim, but exclude irrelevant or unduly
repetitious information;
‘‘(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 ad-
ministrative 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 affirma-
tions;
‘‘(ii) to regulate the course of hear-
ings;
‘‘(iii) to rule on offers of proof and re-
ceive evidence;
‘‘(iv) to issue subpoenas to compel—
‘‘(I) the production of documents
or information by the entity of the
Federal Government in which dis-
crimination is alleged to have oc-
curred; and
‘‘(II) the attendance of witnesses
who are Federal officers or employ-
ees of such entity;
‘‘(v) to request the Commission to
issue subpoenas to compel the production
of documents or information by any other
entity of the Federal Government or by
the aggrieved Federal employee, and the
attendance of other witnesses, except
that any witness who is not an officer or
employee of an entity of the Federal Gov-
ernment may be compelled only to attend
any place—
‘‘(I) less than 100 miles from the
place where such witness resides, is
employed, transacts business in per-
son, 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 amend-
ed from time to time;
‘‘(vi) to exclude witnesses whose testi-
mony would be unduly repetitious;
‘‘(vii) to exclude any person from a
hearing for contumacious conduct, or for
misbehavior, that obstructs 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 disparate im-
pact) prohibited under this section,
subject 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 to
a prevailing party (other than an entity of the
Federal Government)—
‘‘(i) a reasonable attorney’s fee (in-
cluding expert 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 involv-
ing 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 resides or is
served may issue an order requiring such per-
son to appear at any designated place to tes-
tify or to produce documentary or other evi-
dence.
‘‘(7)(A) Except as provided in subpara-
graph (B), the administrative judge shall issue
a written order making the determination re-
quired by paragraph (6)(A), and granting or
denying relief, not later than—
‘‘(i)(I) 300 days after the complaint
containing such claim is filed by or on be-
half of a Federal employee if such com-
plaint is filed in the 1-year period begin-
ning on the effective date of this sub-
section;
‘‘(II) except as provided in subclause
(I), 210 days after the complaint contain-
ing such claim is filed by or on behalf of
a Federal employee; or
‘‘(ii) 2 years and 30 days after the
complaint containing such claim is filed
on behalf of a class of Federal employees;
except that these time periods shall be ex-
tended for 30 days if the administrative judge
certifies, in writing, that such 30-day period
is needed to secure additional documents or
information from the respondent to have a
complete administrative record.
‘‘(B) The administrative judge shall issue
such order not later than 30 days after the ap-
plicable period specified in subparagraph (A)
if the administrative judge certifies in writ-
ing, before the expiration of such applicable
period—
‘‘(i) that such 30-day period is nec-
essary to make such determination; and
‘‘(ii) the particular and unusual cir-
cumstances that prevent the administra-
tive judge from complying with the appli-
cable period specified in subparagraph
(A).
‘‘(C) The administrative judge may apply
to the Commission to extend any period appli-
cable under subparagraph (A) or (B) if mani-
fest 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 extension 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 be-
fore the expiration of the 90-day period begin-
ning on the date such party receives such
order—
‘‘(i) the aggrieved Federal employee
may commence a civil action in an appro-
priate district court of the United States
for de novo review of a claim with re-
spect to which such order is issued; and
‘‘(ii) unless and until a civil action is
commenced 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 grant-
ed or denied, in such order with respect
to such claim.
‘‘(F) Such Federal employee may com-
mence such civil action at any time before the
expiration of the 90-day period beginning on
the date such Federal employee receives an
order described in subparagraph (A).
‘‘(G) If such order applies to more than
one claim and if—
‘‘(i) such employee does not com-
mence a civil action in accordance with
subparagraph (E)(i); and
‘‘(ii) neither party 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 re-
quest 
in 
accordance 
with 
subsection
(f)(5)(B)(i) or (f)(7)(E)(ii) with the Commission
for appellate review of the determination
made, and relief granted or denied, with re-
spect to a claim in such order, then the Com-
mission shall immediately 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 infor-
mation 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 a written order 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 re-
quest; or
‘‘(ii) 30 days after such 150-day period
if the Commission certifies in writing, be-
fore the expiration of such 150-day pe-
riod—
‘‘(I) that such 30-day period is
necessary to review such claim; and
‘‘(II) the particular and unusual
circumstances that prevent the Com-
mission from complying with clause
(i).
‘‘(B) The Commission shall affirm the de-
termination made, and relief granted or de-
nied, by the administrative judge with respect
to such claim if such determination and such
relief are supported by a preponderance of
the evidence in the record taken as a whole
and are otherwise in accordance with law.
The Commission shall accord substantial def-
erence to the findings of fact of the adminis-
trative judge.
‘‘(C) In addition to findings of fact and
conclusions of law, the Commission shall in-
clude in its order formal written notice to the
aggrieved Federal employee that, before the
expiration of the 90-day period beginning on
the date such Federal employee receives such
order, such Federal employee may commence
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 is-
sued.
‘‘(D) Such Federal employee may com-
mence such civil action at any time before the
expiration of the 90-day period beginning on
the date such Federal employee receives an
order described in subparagraph (A).
‘‘(h)(1) In addition to the periods author-
ized by subsections (f)(7)(F) and (g)(3)(D)—
‘‘(A) during the period beginning 20
days after the expiration of the applica-
ble period specified in subparagraph (A)
or (B) of subsection (f)(7) and ending on
the date the administrative judge issues
under such subsection an order with re-
spect to such claim; and
‘‘(B) during the period beginning 20
days after the expiration of the applica-
ble 
period 
specified 
in 
subsection
(g)(3)(A) and ending on the date the Com-
mission issues under such subsection an
order 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 jurisdiction 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 arising under this section 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 administrative judge under sub-
section (f)(7)(A) applicable 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 com-
menced 
timely 
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 sec-
tion (including fees, costs, and interest award-
ed under subsection (f)(6)(G)), or under title
28 of the United States Code, with respect to
a violation of this section, shall be paid by the
entity of the Federal Government that vio-
lated such subsection from any funds made
available to such entity by appropriation or
otherwise.
‘‘(k)(1) An entity of the Federal Govern-
ment against which a claim of discrimination
is alleged in a complaint filed in an adminis-
trative proceeding or a civil action under this
section shall grant the aggrieved Federal em-
ployee paid administrative leave if otherwise
on duty, for time expended in accordance
with rules issued by the Commission to carry
out this section, except that such leave shall
include reasonable time for—
‘‘(A) preparation of a complaint based
on such allegation;
‘‘(B) conciliation required by sub-
section (c)(1)(A)(ii);
‘‘(C) responding to requests made by
the Commission (including administra-
tive judges) or the respondent for infor-
mation; and
‘‘(D) attendance at such proceeding or
action.
‘‘(2) Except as provided in paragraph (1),
an entity of the Federal Government shall
grant a Federal employee—
‘‘(A) paid administrative leave to par-
ticipate for the benefit of a claimant in
an administrative proceeding or civil ac-
tion commenced under this section to the
same 
extent 
and 
under 
such 
cir-
cumstances as such entity would grant
an employee official duty or paid admin-
istrative leave to participate for the bene-
fit of a Federal entity in an administra-
tive proceeding or civil action com-
menced under this section against such
entity; and
‘‘(B) other leave to participate for the
benefit of a claimant in an administrative
proceeding or civil action commenced
under this section to the same extent and
under such circumstances as such entity
would grant an employee other leave to
participate for the benefit of a Federal
entity in an administrative proceeding or
civil action commenced under this sec-
tion against such entity.
‘‘(l)(1) In enforcing compliance with an
order issued by an administrative judge or
the Commission, the Commission may make a
written determination that—
‘‘(A) any officer or employee of the
agency, department, or unit charged with
complying with such order; or
‘‘(B) any officer or employee of the
United States determined to be respon-
sible for the failure of the agency, depart-
ment, or unit to comply with such order;
who is not an officer or employee appointed
by the President 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 Com-
mission shall certify to the Comptroller Gen-
eral 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 determination.
‘‘(2) In enforcing compliance with such
order with respect to any officer or employee
described in subparagraph (A) or (B) of para-
graph (1) who is an officer or employee ap-
pointed by the President by and with the ad-
vice and consent of the Senate, the Commis-
sion shall notify the President that such offi-
cer or employee has failed to obey such order.
‘‘(m) If with respect to the merits of a
claim of intentional discrimination (other
than an employment practice that is unlawful
because of its disparate impact) prohibited by
this section, a Federal employee prevails in a
proceeding under subsection (f) or a civil ac-
tion commenced under this section, then not
later than 15 days after issuing an order find-
ing liability under this section, the adminis-
trative judge or the district court involved
shall transmit to the Office of Special Counsel
a copy of such order.
100
‘‘(n) This section, as in effect immediately
before the effective date of the Federal Em-
ployee Fairness Act of 1994, shall apply with
respect to employment in the Library of Con-
gress.’’.
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),
(B) by inserting after subsection (b)
the following:
‘‘(c)(1)(A) Except as provided in subpara-
graph (B), any individual aggrieved by a vio-
lation of subsection (a) of this section may file
a complaint with the Commission in accord-
ance 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
1994, shall apply with respect to employment
in the Library of Congress.
101
‘‘(2) Except as provided in paragraph
(1)(B) and subsection (d), such section 717
shall apply to a violation alleged in a com-
plaint 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 vio-
lation 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 action; 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 Commis-
sion shall—
‘‘(A) 
promptly 
notify 
all 
persons
named in such notice as prospective de-
fendants in such action; and
‘‘(B) take any appropriate action to
ensure the elimination of any unlawful
practice.
102
‘‘(3) Section 717(o) of the Civil Rights Act
of 1964 (42 U.S.C. 2000e–16(o)) shall apply to
civil actions commenced under this sub-
section in the same manner as such section
applies to civil actions commenced under sec-
tion 717 of the Civil Rights Act of 1964.’’,
(C) in subsection (f)—
(i) by inserting ‘‘(1)’’ after ‘‘(f)’’,
(ii) by striking ‘‘section 12(b)’’ and
inserting ‘‘sections 4(d) and 12(b)’’,
and
(iii) by adding at the end the fol-
lowing:
‘‘(2)(A) Subject to subparagraph (B), an
unlawful personnel action of the kind de-
scribed in section 4(d) is established under
subsection (a) if an employee or applicant for
employment demonstrates that his opposing
any practice made an unlawful employment
practice by subsection (a), his making a
charge, testifying, assisting, or participating
in any manner in an investigation, proceed-
ing, or hearing under this section, or his com-
municating with the Congress regarding dis-
crimination in violation of subsection (a) was
103
a contributing factor in an adverse personnel
action that was taken or is to be taken against
such employee or applicant.
‘‘(B) On a claim in which a Federal em-
ployee proves a violation under subparagraph
(A) and a respondent demonstrates, on the
basis of the evidentiary standard specified in
section 1221(e)(2) of title 5 of the United
States Code, that the respondent would have
take the same personnel action in the absence
of the impermissible motivating factor, the
court—
‘‘(i) may grant declaratory relief, in-
junctive relief (except as provided in
clause (ii)), and attorney’s fees and costs
demonstrated to be directly attributable
only to the pursuit of a claim under sub-
paragraph (A); and
‘‘(ii) shall not award damages or issue
an order requiring any admission, rein-
statement, hiring, promotion, or payment
not described in clause (i).’’,
(2) Section 505 of the Rehabilitation Act of
1973 (29 U.S.C. 794a) is amended—
(A) in subsection (a)(1)—
104
(i) by inserting ‘‘(A)’’ after ‘‘(a)(1)’’,
(ii) by striking ‘‘706(k)’’ and in-
serting ‘‘706(j)’’,
(iii) by striking ‘‘through (k)’’ and
inserting ‘‘through (j)’’, and
(iv) by adding at the end the fol-
lowing:
‘‘(B) The first sentence of this paragraph,
as in effect immediately before the effective
date of the Federal Employee Fairness Act of
1994, shall apply with respect to employment
in the Library of Congress.’’, and
(B) in subsection (b) by striking ‘‘In’’
and inserting ‘‘Except as provided in sub-
section (a)(1), in’’.
(b) OPPORTUNITY TO COMMENCE CIVIL AC-
TION.—If a complaint filed under section 15 of
the Age Discrimination in Employment Act of
1967 (29 U.S.C. 633a), or section 501 of the Re-
habilitation 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, 1996, the individual who
filed such complaint may commence a civil ac-
107
‘‘(iii) section 501 of the Rehabilita-
tion Act of 1973 (29 U.S.C. 791),
‘‘(iv) sections 12 and 15 of the Age
Discrimination in Employment Act of
1967 (29 U.S.C. 631, 633a), or
‘‘(v) any rule, regulation, or policy
directive prescribed under any provi-
sion of law described in clauses (i)
through (iv) of this subparagraph,
the employee or applicant may raise the ac-
tion as provided in paragraph (2).
‘‘(2) For purposes of paragraph (1), the
employee shall raise the action by filing a
complaint in accordance with section 717 of
the Civil Rights Act of 1964 and shall make a
request described in section 717(e)(2)(B)(i) se-
lecting the procedures 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.
108
‘‘(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 Commis-
sion) that carries out such procedures shall
apply the substantive law that is applied by
the agency that administers the particular
law referred to in subsection (a)(1) 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 proce-
dures specified in subsection (a)(2)(C),
and
‘‘(2) the Equal Employment Oppor-
tunity Commission dismisses under sec-
tion 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 spec-
ified in subparagraph (A) or (B) of subsection
(a)(2), except that no allegation of a kind de-
109
scribed in subsection (a)(1)(B) may be raised
under this subsection.
‘‘(c) If at any time after the 120th day fol-
lowing the receipt under section 717(e)(3)(B)
of the Civil Rights Act of 1964 of a complaint
as a result of an election made under section
717(e)(2)(B)(i) of the Civil Rights Act of 1964
to raise an action under the procedures speci-
fied 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 ap-
propriate district court of the United States
for de novo review of the action raised under
subsection (a).
‘‘(d) Nothing in this section shall be con-
strued to affect the right to trial de novo
under any provision of law described in sub-
section (a)(1) after a judicially reviewable ac-
tion.’’.
(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 receives any copy of an order, in ac-
110
cordance with section 717(m) of the Civil
Rights Act of 1964, with respect to a claim
arising under section 717 of the Civil Rights
Act of 1964, section 15(a) of the Age Discrimi-
nation in Employment Act of 1967, or section
501 of the Rehabilitation Act of 1973, the Spe-
cial Counsel shall investigate the matter 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 sub-
section 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
administrative judge of the Equal Em-
ployment Opportunity Commission ap-
plies, and
‘‘(ii) with respect to which the ag-
grieved employee neither—
111
‘‘(I) commences a civil action in
accordance with section 717(f)(7)(E)(i)
of the Civil Rights Act of 1964, nor
‘‘(II) requests appellate review in
accordance 
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 a copy of an
order (referred to in paragraph (1)) from the
administrative judge.
‘‘(B) With respect to a claim—
‘‘(i) to which an order issued by the
Equal Employment Opportunity Commis-
sion applies, and
‘‘(ii) with respect to which the ag-
grieved employee does not commence a
civil action in accordance with section
717(g)(3)(D),
the appropriate date is the date on which the
Office of Special Counsel receives a copy of an
order (referred to in paragraph (1)) from the
Commission.
‘‘(C) With respect to a claim to which a
final judgment issued by a court of the United
112
States applies, the appropriate date is the
date on which the Office of Special Counsel
receives a copy of an order (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 issued on the merits; and
‘‘(C) the term ‘final judgment’ means a
judgment 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 follow-
ing:
‘‘(b) Any statistical or other information
provided under the first sentence of sub-
section (a) shall specify with respect to each
113
particular prohibited personnel practice, the
extent to which such information relates to
any matter referred to in section 1214(g), the
disposition of such practice, and the basis for
such disposition.’’.
(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 meaning 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 an em-
ployee or applicant for employment in
any entity of the Federal Government to
which—
‘‘(A) section 717(a) of the Civil
Rights Act of 1964 applies;
‘‘(B) section 501 of the Rehabilita-
tion Act of 1973 applies; or
114
‘‘(C) sections 12 and 15 of the Age
Discrimination in Employment Act of
1967 apply;
but does not include any employee or ap-
plicant for employment 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 ac-
tion 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 such
records relate; or
‘‘(2) the period of time otherwise re-
quired under applicable provisions of
law, rule, or regulation, if any.
‘‘(c) The Office of Personnel Management,
in consultation with the Equal Employment
Opportunity Commission, shall issue guide-
lines for the implementation of this section by
an entity of the Federal Government (as de-
fined in section 701 of the Civil Rights Act of
1964).’’.
115
(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) 
CONFORMING
AMENDMENTS.—Section
7703 of title 5, United States Code, is amend-
ed—
(1) in subsection (b)—
(A) in paragraph (1) by striking
‘‘(1) Except as provided in paragraph
(2) of this subsection, a’’ and inserting
‘‘A’’, and
(B) by striking paragraph (2), and
(2) in subsection (c)—
(A) in paragraph (3) by striking
the semicolon at the end and insert-
ing a period, and
(B) by striking ‘‘except’’ and all
that follows through the period at the
end.
(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
116
(2) by adding at the end the follow-
ing:
‘‘(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 in a matter
with respect to which a copy of an order
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 appealed is discrimination of a
type described in section 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 ‘‘Commission’’.
SEC. 6. ISSUANCE OF PROCEDURAL GUIDELINES AND NO-
TICE RULES.
(a) ISSUANCE OF CERTAIN RULES AND GUIDE-
LINES.—After providing notice in accordance
117
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 Em-
ployment 
Opportunity 
Commission 
shall
issue—
(1) rules to assist entities of the Fed-
eral Government to comply with section
717(d) of the Civil Rights Act of 1964, as
added by section 2 of this Act,
(2) rules establishing—
(A) a uniform written official no-
tice to be used to comply with section
717 of such Act, as added by section 2
of this Act, and
(B) detailed requirements applica-
ble to collecting and preserving docu-
ments and information under section
717(d), as added by section 2 of this
Act,
(3) guidelines describing an alter-
native dispute resolution process that
may be used by entities of the Federal
Government (as defined in section 701(p)
of the Civil Rights Act of 1964 (7 U.S.C.
2000e(p))), in their discretion, consistent
120
(6) periodic evaluation of the efficacy
of facilitators,
(7) periodic evaluation of the efficacy
of the alternative dispute resolution proc-
ess 
and 
conciliation 
(including
precomplaint conciliation), and reporting
on the resolution and settlement of dis-
putes under such process, and
(8) confidentiality of communications
(including offers of settlement) among
participants in such process.
(d) IDENTIFICATION
OF APPROVED ALTER-
NATIVE DISPUTE RESOLUTION PROCESSES.—Not
later than 21 months after the date of the en-
actment of this Act, and annually thereafter,
the Equal Employment Opportunity Commis-
sion shall publish in the Federal Register the
names of the entities of the Federal Govern-
ment (as defined in section 701 of the Civil
Rights Act of 1964) that provide a voluntary
alternative dispute resolution process ap-
proved by the Commission in accordance with
the rules in effect under subsection (a)(4).
(e) VOLUNTARY
SETTLEMENT
PROGRAM.—
The Equal Employment Opportunity Commis-
121
sion shall issue rules establishing a program
and procedures, consistent with the adminis-
trative adjudication of claims under section
717 of the Civil Rights Act of 1964 as amended
by this Act, to foster the voluntary settlement
of such claims.
(f) REPORTING REQUIREMENT.—Section 705
of the Civil Rights Act of 1964 (42 U.S.C.
2000e–4) is amended by adding at the end the
following:
‘‘(l) The Commission shall include in each
report made under subsection (e) the follow-
ing information separately identified with re-
spect to each entity of the Federal Govern-
ment for the period for which such report is
made:
‘‘(1) The number of Federal employees
who participated in conciliation provided
under section 717(c)(1)(A)(ii) as added by
the Federal Employee Fairness Act of
1994.
‘‘(2) The number of such employees
who entered into a settlement under sec-
tion 717, as amended by such Act, for re-
lief of any kind.
122
‘‘(3) The number of such employees
who filed complaints under such section
717.
‘‘(4) The number of other Federal em-
ployees who filed complaints under such
section.
The head of each such entity shall provide
such information timely to the Commission to
enable the Commission to comply with this
subsection.’’.
SEC. 7. ISSUANCE OF RULES REGARDING CLASSIFIED IN-
FORMATION.
(a) RULES REQUIRED.—The Equal Employ-
ment Opportunity Commission, in consulta-
tion with the Director of Central Intelligence,
the Secretary of Defense, and the Director of
the Information Security Oversight Office of
the General Services Administration, shall
issue rules to ensure the protection of classi-
fied information and national security infor-
mation in administrative proceedings under
section 717 of the Civil Rights Act of 1964 (42
U.S.C. 2000e–16). Such rules shall include a re-
quirement that complaints filed under section
717(c) of such Act that bear on classified in-
123
formation shall be handled only by adminis-
trative judges, and other personnel, who have
appropriate security clearances.
(b) DEFINITION.—For purposes of sub-
section (a), the term ‘‘classified information’’
has the meaning given such term in section
606(1) of the National Security Act of 1947 (50
U.S.C. 426(1)).
SEC. 8. RULES OF CONSTRUCTION.
Any reference in any law (other than title
VII of the Civil Rights Act of 1964) to any pro-
vision 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. 9. SENSE OF THE CONGRESS.
(a) APPROPRIATION
OF FUNDS.—It is the
sense of the Congress that because the
amendments made by this Act—
(1) impose on the Equal Employment
Opportunity Commission additional ad-
ministrative responsibility in the process-
ing of claims of Federal employees based
on discrimination in employment, and
124
(2) increase the financial burden on
the Commission to carry out such respon-
sibility,
the amount appropriated to the Commission
to carry out laws prohibiting discrimination
in Federal employment should be increased
accordingly to enable the Commission to
carry out its additional responsibility.
(b) PAYMENT OF RELIEF AWARDED.—It is the
sense of the Congress that the payment of any
relief awarded under section 717 of the Civil
Rights Act of 1964 (42 U.S.C. 20003–16) should
not be made by any Federal agency out of any
funds appropriated to such agency for the sal-
aries and expenses.
SEC. 10. EFFECTIVE DATES; APPLICATION OF AMEND-
MENTS.
(a) GENERAL EFFECTIVE DATE.—Except as
provided in subsections (b) and (c), this Act
and the amendments made by this Act shall
take effect on January 1, 1997.
(b) EFFECTIVE DATE OF SECTIONS 6 AND 7.—
Sections 6 and 7 shall take effect on the date
of the enactment of this Act.
125
(c) APPLICATION
OF
AMENDMENTS.—The
amendments made by this Act shall not apply
with respect to—
(1) complaints filed under section 717
of the Civil Rights Act of 1964 (42 U.S.C.
2000e–16) before the effective date of this
Act; and
(2) proceedings pending under title 5
of the United States Code before the ef-
fective date of this Act.
HR 2721 RH——2
HR 2721 RH——3
HR 2721 RH——4