I
103D CONGRESS
1ST SESSION
H. R. 2790
To ensure economic equity for American women and their families by promot-
ing fairness in the workplace; creating new economic opportunities for
women workers and women business owners; helping workers better meet
the competing demands of work and family; and enhancing economic
self-sufficiency through public and private pension reform and improved
child support enforcement.
IN THE HOUSE OF REPRESENTATIVES
JULY 28, 1993
Mrs. SCHROEDER (for herself, Ms. SNOWE, Mrs. MINK, Ms. BROWN of Flor-
ida, Mrs. COLLINS of Illinois, Miss COLLINS of Michigan, Ms. DELAURO,
Ms. ESHOO, Ms. HARMAN, Mrs. JOHNSON of Connecticut, Ms. KAPTUR,
Mrs. KENNELLY, Ms. LAMBERT, Mrs. LLOYD, Mrs. LOWEY, Mrs. MEEK,
Mrs. MORELLA, Ms. NORTON, Ms. PELOSI, Ms. ROYBAL-ALLARD, Ms.
SCHENK, Mrs. UNSOELD, Ms. VELA´ZQUEZ, Ms. WATERS, Ms. WOOLSEY,
Mr. DELLUMS, Mr. FRANK of Massachusetts, Mr. LAFALCE, Mr.
MCDERMOTT, Mr. MORAN, Mr. RANGEL, Mr. REED, Mr. SAWYER, Mr.
STOKES, and Mr. STUDDS) introduced the following bill; which was re-
ferred jointly to the Committees on Education and Labor, Post Office
and Civil Service, House Administration, Rules, Ways and Means, Small
Business, Banking, Finance and Urban Affairs, the Judiciary, Natural
Resources, Foreign Affairs, and Armed Services
A BILL
To ensure economic equity for American women and their
families by promoting fairness in the workplace; creating
new economic opportunities for women workers and
women business owners; helping workers better meet the
competing demands of work and family; and enhancing
economic self-sufficiency through public and private pen-
sion reform and improved child support enforcement.
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 ‘‘Economic Equity Act
of 1993’’.
TITLE I—WORKPLACE FAIRNESS
Subtitle A—Equal Remedies Act
SEC. 101. SHORT TITLE.
This subtitle may be cited as the ‘‘Equal Remedies
Act of 1993’’.
SEC. 102. EQUALIZATION OF REMEDIES.
Section 1977A of the Revised Statutes, as added by
section 102 of the Civil Rights Act of 1991, is amended—
(1) in subsection (b)—
(A) by striking paragraph (3), and
(B) by redesignating paragraph (4) as
paragraph (3), and
(2) in subsection (c) by striking ‘‘section—’’
and all that follows through the period, and insert-
ing ‘‘section, any party may demand a jury trial.’’.
Subtitle B—Federal Employees
Fairness Act
SEC. 111. SHORT TITLE.
This subtitle may be cited as the ‘‘Federal Employee
Fairness Act of 1993’’.
SEC. 112. 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 Em-
ployment 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 individ-
ual 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
Federal 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 Fed-
eral employees who choose to notify such entity
that they believe such entity has discriminated
against them in violation of subsection (a), for
‘‘(2) The’’,
(D) in the fourth sentence by redesignating
paragraphs (1) and (2) as subparagraphs (A)
and (B), respectively,
(E) in the last sentence by striking ‘‘With’’
and inserting the following:
‘‘(3) With’’, and
(F) by adding at the end the following:
‘‘(4)(A) Subject to subparagraph (B), an unlawful
employment practice of the kind described in section
704(a) is established under this section if an employee or
applicant for employment demonstrates that his making
a charge, testifying, assisting, or participating in any man-
ner in an investigation, proceeding, or hearing under this
title was a contributing factor in an adverse personnel ac-
tion that was taken or is to be taken against such em-
ployee or applicant.
‘‘(B) Relief under this section may not be granted
if the respondent demonstrates by clear and convincing
evidence that it would have taken the same personnel ac-
tion in the absence of such disclosure.’’,
(2) by striking subsection (c),
(3) in subsection (d)—
(A) by inserting ‘‘(1)’’ after ‘‘(d)’’,
(B) by striking ‘‘(k)’’ and inserting ‘‘(j)’’,
(C) by striking ‘‘brought hereunder’’ and
inserting ‘‘commenced under this section’’, and
(D) by adding at the end the following:
‘‘(2) The head of the department, agency, or unit in
which discrimination in violation of subsection (a) is al-
leged to have occurred shall be the defendant in a civil
action alleging such violation. If a department, unit, or
agency is named as the defendant, the court shall freely
grant leave to amend the complaint to name the head of
such department, agency, or unit.
‘‘(3) In any action or proceeding under this section,
the court, in its discretion, may allow the prevailing party
(other than an entity of the Federal Government) a rea-
sonable attorney’s fee (including expert fees) and costs as
a court has authority to award under section 706(k), as
amended from time to time, and the same interest to com-
pensate for delay in payment as in cases involving
nonpublic parties.’’,
(4) by redesignating subsections (d) and (e) as
subsections (o) and (p), respectively, and
(5) by inserting after subsection (b) the follow-
ing:
‘‘(c)(1)(A) Except as provided in subparagraph (B),
a complaint filed by or on behalf of a Federal employee
or a class of Federal employees and alleging a claim of
discrimination arising under subsection (a) shall name as
the respondent, and be filed with, the head of the depart-
ment, agency, or unit in which such discrimination is al-
leged to have occurred, or with the Commission, not later
than 180 days after the alleged discrimination occurs.
‘‘(B) If, not later than 180 days after the alleged dis-
crimination occurs, the complaint is filed—
‘‘(i) with such department, agency, or unit and
fails to name the head of the department, agency, or
unit as the respondent; or
‘‘(ii) with any other entity of the Federal Gov-
ernment, regardless of the respondent named;
the complaint shall be considered to be filed in compliance
with subparagraph (A).
‘‘(2)(A) If the complaint is filed with an entity of the
Federal Government other than the department, agency,
or unit in which such discrimination is alleged to have oc-
curred, then—
‘‘(i) such entity (other than the Commission)
shall transmit the complaint to the Commission, not
later than 15 days after receiving the complaint; and
‘‘(ii) the Commission shall transmit a copy of
the complaint, not later than 10 days after receiving
the complaint, to the head of the department, agen-
cy, or unit in which such discrimination is alleged to
have occurred (hereinafter in this section referred to
as the ‘respondent’).
‘‘(3)(A) Not later than 3 days after the respondent
receives the complaint from a source other than the Com-
mission, the respondent shall notify the Commission that
the respondent has received the complaint and shall in-
form the Commission of the identity of the Federal em-
ployee aggrieved by the discrimination alleged in the com-
plaint.
‘‘(B) Not later than 10 days after the respondent or
the Merit Systems Protection Board receives the com-
plaint from a source other than the Commission, the re-
spondent or the Board shall transmit to the Commission
a copy of the complaint.
‘‘(d) Throughout the period beginning on the date the
respondent receives the complaint and ending on the latest
date by which all administrative and judicial proceedings
available under this section have been concluded with re-
spect to such claim, the respondent shall collect and pre-
serve documents and information (including the com-
plaint) that are relevant to such claim, including the docu-
ments and information that comply with rules issued by
the Commission.
‘‘(e)(1) The respondent shall make reasonable efforts
to conciliate each claim alleged in the complaint during—
‘‘(A) the 30-day period; or
‘‘(B) with the written consent of the aggrieved
Federal employee, the 60-day period;
beginning on the date the respondent receives the com-
plaint.
‘‘(2) Before the expiration of the applicable period
specified in paragraph (1) and with respect to such claim,
the respondent shall—
‘‘(A) enter into a settlement agreement with
such Federal employee; or
‘‘(B) give formal written notice to such Federal
employee that such Federal employee may, before
the expiration of the 90-day period beginning on the
date such Federal employee receives such notice, ei-
ther—
‘‘(i) file with the Commission—
‘‘(I) a written request for a deter-
mination of such claim under subsection
(f) by an administrative judge of the Com-
mission;
‘‘(II) if such claim alleges discrimina-
tion in the Commission or alleges an action
appealable to the Merit Systems Protection
Board, a written request electing that a
determination of such claim be made under
the procedures specified in either subpara-
graph (A) or (B) of section 7702(a)(2) of
title 5, United States Code, or a request
described in subclause (I); or
‘‘(III) if such claim alleges a grievance
that is subject to section 7121 of title 5,
United States Code, but not appealable to
the Merit Systems Protection Board, a
written request to raise such claim under
the administrative and judicial procedures
provided in such section 7121 or a request
described in subclause (I); or
‘‘(ii) commence a civil action in an appro-
priate district court of the United States for de
novo review of such claim.
‘‘(3)(A) Such Federal employee may file a written re-
quest described in paragraph (2)(B)(i), or commence a
civil action described in paragraph (2)(B)(ii), at any
time—
‘‘(i) after the expiration of the applicable period
specified in paragraph (1); and
‘‘(ii) before the expiration of the 90-day period
specified in paragraph (2).
‘‘(B) If such Federal employee files a written request
under subclause (II) or (III) of paragraph (2)(B)(i) and
in accordance with subparagraph (A), the Commission
shall transmit, not later than 10 days after receipt of such
request, the complaint to the appropriate agency for deter-
mination.
‘‘(f)(1) If such Federal employee files a written re-
quest under subsection (e)(2)(B)(i)(I) and in accordance
with subsection (e)(3)(A) with the Commission for a deter-
mination 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 shall appoint an administrative judge of
the Commission to determine such claim.
‘‘(2) Immediately after receiving a copy of a request
under subsection (e)(2)(B)(i), the respondent shall trans-
mit—
‘‘(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 purposes of this section it is necessary to stay a per-
sonnel action by the respondent against the aggrieved
Federal employee, the administrative judge may request
any member of the Commission to issue a stay against
such personnel action for 15 calendar days.
‘‘(ii) A stay requested under clause (i) shall take ef-
fect on the earlier of—
‘‘(I) the order of such member; and
‘‘(II) the fourth calendar day (excluding Satur-
day, Sunday, 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 beginning on such fourth day.
‘‘(B) The administrative judge may request any
member of the Commission to extend, for a period not to
exceed 30 calendar days, a stay issued under subpara-
graph (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 au-
thority 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 sub-
paragraph (C) for any period.
‘‘(ii) The respondent shall comply with a stay in ef-
fect under this paragraph.
‘‘(4) The administrative judge shall determine wheth-
er the documents and information received under para-
graph (2) comply with subsection (d) and are complete
and accurate. If the administrative judge finds that the
respondent has failed to produce the documents and infor-
mation necessary to comply with such subsection, the ad-
ministrative judge shall, in the absence of good cause
shown by the respondent, impose any of the sanctions
specified in paragraph (6)(C) and shall require the re-
spondent—
‘‘(A) to obtain any additional documents and
information necessary to comply with such sub-
section; and
‘‘(B) to correct any inaccuracy in the docu-
ments 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 em-
ployee receives such notice—
‘‘(I) file with the Commission a written request
for appellate review of such order; or
‘‘(II) commence a civil action in an appropriate
district court of the United States for de novo review
of such claim or such complaint.
‘‘(ii) Such Federal employee may commence such civil
action in the 90-day period specified in clause (i).
‘‘(6)(A)(i) If the complaint is not dismissed under
paragraph (5)(A), the administrative judge shall make a
determination, after an opportunity for a hearing, on the
merits of each claim that is not dismissed under such
paragraph. The administrative judge shall make a deter-
mination on the merits of any other nonfrivolous claim
under this title, and on any action such Federal employee
may appeal to the Merit Systems Protection Board, rea-
sonably expected to arise from the facts on which the com-
plaint is based.
‘‘(ii) On the request of the aggrieved Federal em-
ployee, the administrative judge shall—
‘‘(I) determine whether the administrative pro-
ceeding with respect to such claim may be main-
tained as a class proceeding; and
‘‘(II) if the administrative proceeding may be so
maintained, shall describe those whom the adminis-
trative judge finds to be members of such class.
‘‘(B) With respect to such claim, a party may conduct
discovery by such means as may be available in a civil ac-
tion to the extent deemed appropriate by the administra-
tive judge.
‘‘(C) If the aggrieved Federal employee or the re-
spondent fails without good cause to respond fully and in
a timely fashion to a request made or approved by the
administrative judge for information or the attendance of
a witness, and if such information or such witness is solely
in the control of the party who so fails to respond, then
the administrative judge shall—
‘‘(i) draw an adverse inference that the re-
quested information, or the testimony of the re-
quested witness, would have reflected unfavorably on
the party who so fails to respond;
‘‘(ii) consider the matters to which such infor-
mation or such testimony pertains to be established
in favor of the opposing party;
‘‘(iii) exclude other evidence offered by the
party who so fails to respond;
‘‘(iv) grant full or partial relief, including—
‘‘(I) relief of the kinds described in section
706(g); and
‘‘(II) compensatory damages for unlawful
intentional discrimination (not an employment
practice that is unlawful because of its dispar-
ate impact) prohibited under this section, sub-
ject to the limitations specified in section
1977A(b)(3) of the Revised Statutes of the
United States;
to the aggrieved Federal employee; or
‘‘(v) take such other action the administrative
judge considers to be appropriate.
‘‘(D) In a hearing on a claim, the administrative
judge shall—
‘‘(i) limit attendance to persons who have a di-
rect connection with such claim;
‘‘(ii) bring out pertinent facts and relevant em-
ployment practices and policies, but—
‘‘(I) exclude irrelevant or unduly repeti-
tious information; and
‘‘(II) not apply the Federal Rules of Evi-
dence strictly;
‘‘(iii) permit all parties to examine and cross
examine witnesses; and
‘‘(iv) require that testimony be given under
oath or affirmation.
‘‘(E) At the request of any party or the administra-
tive judge, a transcript of all or part of such hearing shall
be provided in a timely manner and simultaneously to the
parties and the Commission. The respondent shall bear
the cost of providing such transcript.
‘‘(F) The administrative judge shall have authority—
‘‘(i) to administer oaths and affirmations;
‘‘(ii) to regulate the course of hearings;
‘‘(iii) to rule on offers of proof and receive evi-
dence;
‘‘(iv) to issue subpoenas to compel—
‘‘(I) the production of documents or infor-
mation by the entity of the Federal Government
in which discrimination is alleged to have oc-
curred; and
‘‘(II) the attendance of witnesses who are
Federal officers or employees of such entity;
‘‘(v) to request the Commission to issue subpoe-
nas to compel the production of documents or infor-
mation by any other entity of the Federal Govern-
ment and the attendance of other witnesses, except
that any witness who is not an officer or employee
of an entity of the Federal Government may be com-
pelled only to attend any place—
‘‘(I) less than 100 miles from the place
where such witness resides, is employed, trans-
acts business in person, or is served; or
‘‘(II) at such other convenient place as is
fixed by the administrative judge;
and shall be paid fees and allowances, by the party
that requests the subpoena, to the same extent that
fees and allowances are paid to witnesses under
chapter 119 of title 28, United States Code, as
amended from time to time;
‘‘(vi) to exclude witnesses whose testimony
would be unduly repetitious;
‘‘(vii) to exclude any person from a hearing for
contumacious conduct, or for misbehavior, that ob-
structs such hearing; and
‘‘(viii) to grant full or partial relief, including—
‘‘(I) relief of the kinds described in section
706(g); and
‘‘(II) compensatory damages for unlawful
intentional discrimination (not an employment
practice that is unlawful because of its dispar-
ate impact) prohibited under this section, sub-
ject to the limitations specified in section
1977A(b)(3) of the Revised Statutes of the
United States.
‘‘(G) The administrative judge and the Commission
shall have authority to award—
‘‘(i) a reasonable attorney’s fee (including ex-
pert fees) and costs as a court has authority to
award under section 706(k), as amended from time
to time; and
‘‘(ii) the same interest to compensate for delay
in payment as in cases involving nonpublic parties.
‘‘(H) The Commission shall have authority to issue
subpoenas described in subparagraph (F)(v).
‘‘(I) In the case of contumacy or failure to obey a
subpoena issued under subparagraph (F) or (H), the Unit-
ed States district court for the judicial district in which
the person to whom the subpoena is addressed resides or
is served may issue an order requiring such person to ap-
pear at any designated place to testify or to produce docu-
mentary or other evidence.
‘‘(7)(A) Except as provided in subparagraph (B), the
administrative judge shall issue a written order making
the determination required by paragraph (6)(A), and
granting or denying relief, not later than—
‘‘(i) 210 days after the complaint containing
such claim is filed on behalf of a Federal employee;
or
‘‘(ii) 270 days after the complaint containing
such claim is filed on behalf of a class of Federal
employees;
except that these time periods shall not begin running
until 30 days after the administrative judge is assigned
to the case if the administrative judge certifies, in writing,
that such 30-day period is needed to secure additional doc-
uments or information from the respondent to have a com-
plete administrative record.
‘‘(B) The administrative judge shall issue such order
not later than 30 days after the applicable period specified
in subparagraph (A) if the administrative judge certifies
in writing, before the expiration of such applicable pe-
riod—
‘‘(i) that such 30-day period is necessary to
make such determination; and
‘‘(ii) the particular and unusual circumstances
that prevent the administrative judge from comply-
ing with the applicable period specified in subpara-
graph (A).
‘‘(C) The administrative judge may apply to the Com-
mission to extend any period applicable under subpara-
graph (A) or (B) if manifest injustice would occur in the
absence of such an extension.
‘‘(D) The Commission—
‘‘(i) may not grant such extension; or
‘‘(ii) shall terminate such extension;
if the aggrieved Federal employee shows that such exten-
sion would prejudice a claim of, or otherwise harm, such
Federal employee.
‘‘(E) In addition to findings of fact and conclusions
of law, such order shall include formal written notice to
each party that before the expiration of the 90-day period
beginning on the date such party receives such order—
‘‘(i) the aggrieved Federal employee may com-
mence a civil action in an appropriate district court
of the United States for de novo review of a claim
with respect to which such order is issued; and
‘‘(ii) unless and until a civil action is com-
menced in such 90-day period under clause (i) with
respect to such claim, any party may file with the
Commission a written request for appellate review of
the determination made, and relief granted or de-
nied, in such order with respect to such claim.
‘‘(F) Such Federal employee may commence such
civil action at any time—
‘‘(i) after the expiration of the applicable period
specified in subparagraph (A) or (B); and
‘‘(ii) before the expiration of the 90-day period
beginning on the date such Federal employee re-
ceives an order described in subparagraph (A).
‘‘(G) If such order applies to more than one claim
and if such employee neither—
‘‘(i) commences a civil action in accordance with
subparagraph (E)(i); nor
‘‘(ii) requests appellate review in accordance
with subparagraph (E)(ii);
with respect to a particular claim, then the determination
made, and relief granted, in such order with respect to
such particular claim shall be enforceable immediately.
‘‘(g)(1) If a party files timely a written request in
accordance with subsection (f)(5)(B)(i) or (f)(7)(E)(ii)
with the Commission for appellate review of the deter-
mination made, and relief granted or denied, with respect
to a claim in such order, then the Commission shall imme-
diately transmit a copy of such request to the other parties
involved and to the administrative judge who issued such
order.
‘‘(2) Not later than 7 days after receiving a copy of
such request, the administrative judge shall transmit to
the Commission the record of the proceeding on which
such order is based, including all documents and informa-
tion collected by the respondent under subsection (d).
‘‘(3)(A) After allowing the parties to file briefs with
respect to such determination, the Commission shall issue
an order 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, be-
fore the expiration of the 90-day period beginning on the
date such Federal employee receives such order, such Fed-
eral employee may commence a civil action in an appro-
priate district court of the United States for de novo re-
view of a claim with respect to which such order is issued.
‘‘(D) Such Federal employee may commence such
civil action at any time—
‘‘(i) after the expiration of the applicable period
specified in subparagraph (A); and
‘‘(ii) before the expiration of the 90-day period
specified in subparagraph (C).
‘‘(h)(1) In addition to the periods authorized by sub-
sections (f)(7)(E) and (g)(3)(D)—
‘‘(A) during the period beginning 300 days
after an aggrieved Federal employee timely requests
an administrative determination under subsection (f)
with respect to a claim and ending on the date the
administrative judge issues an order under such sub-
section with respect to such claim; and
‘‘(B) during the period beginning 180 days
after such Federal employee timely requests appel-
late review under subsection (g) of such determina-
tion with respect to such claim and ending on the
date the Commission issues an order under such
subsection with respect to such claim;
such Federal employee may commence a civil action in an
appropriate district court of the United States for de novo
review of such claim.
‘‘(2) Whenever a civil action is commenced timely and
otherwise in accordance with this section to determine the
merits of a claim arising under this section, the jurisdic-
tion of the administrative judge or the Commission (as
the case may be) to determine the merits of such claim
shall terminate.
‘‘(i) A Federal employee who prevails on a claim aris-
ing under this section, or the Commission, may bring a
civil action in an appropriate district court of the United
States to enforce—
‘‘(1) the provisions of a settlement agreement
applicable to such claim;
‘‘(2) the provisions of an order issued by an ad-
ministrative judge under subsection (f)(7)(A) appli-
cable to such claim if—
‘‘(A) a request is not filed timely under
subsection (g)(1) for appellate review by the
Commission; and
‘‘(B) a civil action is not commenced time-
ly under subsection (g)(3)(D) for de novo re-
view;
of such claim; or
‘‘(3) the provisions of an order issued by the
Commission under subsection (g)(3)(A) applicable to
such claim if a civil action is not commenced timely
under subsection (g)(3)(D) for de novo review of
such claim.
‘‘(j) Any amount awarded under this section (includ-
ing fees, costs, and interest awarded under subsection
(f)(6)(G)), or under title 28 of the United States Code,
with respect to a violation of subsection (a), shall be paid
by the entity of the Federal Government that violated such
subsection from any funds made available to such entity
by appropriation or otherwise.
‘‘(k) An entity of the Federal Government against
which a claim of discrimination is alleged in a complaint
filed in an administrative proceeding or a civil action
under this section shall grant the aggrieved Federal em-
ployee paid administrative leave for time reasonably ex-
pended to prepare for, and participate in, such proceeding
or action. Such leave shall be granted in accordance with
regulations issued by the Commission, except that such
leave shall include reasonable time for—
‘‘(1) preparation of a complaint based on such
allegation;
‘‘(2) attendance at such proceeding or action;
‘‘(3) attendance at depositions;
‘‘(4) meetings with counsel; and
‘‘(5) other ordinary and legitimate undertakings
in such proceeding or action, that require the pres-
ence of such Federal employee.
‘‘(l)(1) In enforcing compliance with an order issued
by an administrative judge or the Commission, the Com-
mission may make a written determination that—
‘‘(A) any officer or employee of the agency, de-
partment, or unit charged with complying with such
order, or
‘‘(B) any officer or employee of the United
States determined to be responsible for the failure of
the agency, department, or unit to comply with such
order,
who is not an officer or employee appointed by the Presi-
dent by and with the advice and consent of the Senate,
shall not be entitled to receive payment for service as an
officer or employee for the period during which such order
has not been complied with. The Commission shall certify
to the Comptroller General of the United States that a
determination under this paragraph has been made, and
no payment shall be made out of the Treasury of the Unit-
ed 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
consent of the Senate, the Commission may notify the
President that such officer or employee has failed to obey
such order.
‘‘(m) If with respect to the merits of a claim of inten-
tional discrimination (other than an employment practice
that is unlawful because of its disparate impact) prohib-
ited by this section, a Federal employee prevails in a pro-
ceeding under subsection (f) or a civil action commenced
under this section, the finder of fact in such proceeding
shall identify each individual believed to have engaged in
conduct that is the basis of such discrimination. Not later
than 15 days after issuing an order finding liability under
this section, the administrative judge or the district court
involved shall notify the Office of Special Counsel of the
identity of such individual and the fact that such individ-
ual is believed to have engaged in conduct that is the basis
of liability found on such claim in such proceeding or ac-
tion.
‘‘(n) This section, as in effect immediately before the
effective date of the Federal Employee Fairness Act of
1993, shall apply with respect to employment in the Li-
brary of Congress.’’.
SEC. 113. 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), and
(B) by inserting after subsection (b) the follow-
ing:
‘‘(c)(1)(A) Except as provided in subparagraph (B),
any individual aggrieved by a violation of subsection (a)
of this section may file a complaint with the Commission
in accordance with section 717 of the Civil Rights Act of
1964.
‘‘(B) Subsections (c) and (d) of this section, as in
effect immediately before the effective date of the Federal
Employee Fairness Act of 1993, shall apply with respect
to employment in the Library of Congress.
‘‘(2) Except as provided in paragraph (1)(B) and
subsection (d), such section 717 shall apply to a violation
alleged in a complaint filed under paragraph (1) in the
same manner as such section applies to a claim arising
under section 717 of such Act.
‘‘(d)(1) If an individual aggrieved by a violation of
this section does not file a complaint under subsection
(c)(1), such individual may commence a civil action—
‘‘(A) not less than 30 days after filing with the
Commission a notice of intent to commence such ac-
tion; and
‘‘(B) not more than 2 years after the alleged
violation of this section occurs;
in an appropriate district court of the United States for
de novo review of such violation.
‘‘(2) On receiving such notice, the Commission
shall—
‘‘(A) promptly notify all persons named in such
notice as prospective defendants in such action; and
‘‘(B) take any appropriate action to ensure the
elimination of any unlawful practice.
791)), with the Equal Employment Opportunity Commis-
sion is pending in the period beginning on the date of the
enactment of this Act and ending on December 31, 1994,
the individual who filed such complaint may commence a
civil action under such section not later than June 30,
1995.
SEC. 114. AMENDMENTS TO TITLE 5 OF THE UNITED
STATES CODE.
(a) GRIEVANCE PROCEDURES.—Section 7121 of title
5, United States Code, is amended—
(1) in subsection (a)(1) by inserting ‘‘adminis-
trative’’ after ‘‘exclusive’’, and
(2) in subsection (d)—
(A) by inserting ‘‘(1)’’ after ‘‘(d)’’,
(B) in the first and second sentences by
striking ‘‘An’’ and inserting ‘‘Except as pro-
vided in paragraph (2), an’’,
(C) in the last sentence by striking ‘‘Selec-
tion’’ and all that follows through ‘‘any other’’,
and inserting the following:
‘‘(3) An employee may commence, not later than 120
days after a final decision, a civil action in an appropriate
district court of the United States for de novo review of
a’’, and
(D) by inserting after the second sentence
the following:
‘‘(2) Matters covered under section 7702, or under
a law administered by the Equal Employment Opportunity
Commission, may be raised under the negotiated grievance
procedure in accordance with this section only if an em-
ployee elects under section 717(e)(2)(B)(i)(III) of the Civil
Rights Act of 1964 to proceed under this section.’’.
(b) ACTIONS INVOLVING DISCRIMINATION.—Section
7702 of title 5, United States Code, is amended to read
as follows:
‘‘§ 7702. Actions involving discrimination
‘‘(a)(1) Notwithstanding any other provision of law,
in the case of any employee or applicant for employment
who—
‘‘(A) is affected by—
‘‘(i) an action which the employee or appli-
cant may appeal to the Merit Systems Protec-
tion Board, or
‘‘(ii) an action, not described in clause
(i)—
‘‘(I) on the part the Equal Employ-
ment Opportunity Commission, and
‘‘(II) with respect to which the em-
ployee or applicant makes an election
under section 717(e)(2)(B)(i)(II) of the
Civil Rights Act of 1964, and
‘‘(B) alleges that a basis for the action was dis-
crimination prohibited by—
‘‘(i) section 717 of the Civil Rights Act of
1964 (42 U.S.C. 2000a–16),
‘‘(ii) section 6(d) of the Fair Labor Stand-
ards Act of 1938 (29 U.S.C. 206(d)),
‘‘(iii) section 501 of the Rehabilitation Act
of 1973 (29 U.S.C. 791),
‘‘(iv) sections 12 and 13 of the Age Dis-
crimination in Employment Act of 1967 (29
U.S.C. 631, 633a), or
‘‘(v) any rule, regulation, or policy directive
prescribed under any provision of law described
in clauses (i) through (iv) of this subparagraph,
the employee or applicant may raise the action as provided
in paragraph (2).
‘‘(2) For purposes of paragraph (1), the employee
shall raise the action by filing a complaint with the Equal
Employment Opportunity Commission in accordance with
section 717 of the Civil Rights Act of 1964 and shall make
a request under section 717(e)(2)(B)(i) selecting the pro-
cedures specified in one of the following subparagraphs:
‘‘(A) The administrative and judicial procedures
provided under sections 7701 and 7703.
‘‘(B) The administrative and judicial procedures
provided under section 7121.
‘‘(C) The administrative and judicial procedures
provided under section 717 of the Civil Rights Act
of 1964.
‘‘(3) The agency (including the Board and the Equal
Employment Opportunity Commission) that carries out
such procedures shall apply the substantive law that is ap-
plied by the agency that administers the particular law
referred to in subsection (a)(1) that prohibits the conduct
alleged to be the basis of the action referred to in sub-
section (a)(1)(A).
‘‘(b) If—
‘‘(1) an employee elects the procedures specified
in subsection (a)(2)(C), and
‘‘(2) the Equal Employment Opportunity Com-
mission dismisses under section 717(f)(5)(A) of the
Civil Rights Act of 1964 a claim that is based on
the action raised by the employee,
then the employee shall have 20 days in which to raise
the action under the procedures specified in subparagraph
(A) or (B) of subsection (a)(2), except that no allegation
of a kind described in subsection (a)(1)(B) may be raised
under this subsection.
‘‘(c) If at any time after the 120th day following an
election made under section 717(e)(2)(B)(i) of the Civil
Rights Act of 1964 to raise an action under the proce-
dures specified in subsection (a)(2)(A) there is no judi-
cially reviewable action, an employee shall be entitled to
file, not later than 240 days after making such election,
a civil action in an appropriate district court of the United
States for de novo review of the action raised under sub-
section (a).
‘‘(d) Nothing in this section shall be construed to af-
fect the right to trial de novo under any provision of law
described in subsection (a)(1) after a judicially reviewable
action.’’.
(c) DISCIPLINARY ACTION.—(1) Section 1214 of title
5, United States Code, is amended by adding at the end
the following:
‘‘(g)(1) Whenever the Office of Special Counsel re-
ceives any notification, in accordance with section 717(m)
of the Civil Rights Act of 1964, with respect to a claim
arising under section 717(a) of the Civil Rights Act of
1964, section 15(a) of the Age Discrimination in Employ-
ment Act of 1967, or section 501 of the Rehabilitation
Act of 1973, the Special Counsel shall investigate the mat-
ter to the extent necessary to determine whether there are
reasonable grounds to believe that a prohibited personnel
practice described in section 2302(b)(1) has occurred and,
if so, shall seek the appropriate disciplinary action under
section 1215.
‘‘(2) A determination under this subsection shall be
made not later than 180 days after the appropriate date
under paragraph (3) for the last applicable event described
in such paragraph.
‘‘(3)(A) With respect to a claim—
‘‘(i) to which an order issued by an administra-
tive judge of the Equal Employment Opportunity
Commission applies, and
‘‘(ii) with respect to which the aggrieved em-
ployee neither—
‘‘(I) commences a civil action in accord-
ance with section 717(f)(7)(E)(i) of the Civil
Rights Act of 1964, nor
‘‘(II) requests appellate review in accord-
ance with section 717(f)(7)(E)(ii) of the Civil
Rights Act of 1964,
the appropriate date is the date on which the Office of
Special Counsel receives notification (referred to in para-
graph (1)) from the administrative judge.
‘‘(B) With respect to a claim—
‘‘(i) to which an order issued by the Equal Em-
ployment Opportunity Commission applies, and
‘‘(ii) with respect to which the aggrieved em-
ployee does not commence a civil action in accord-
ance with section 717(g)(3)(D),
the appropriate date is the date on which the Office of
Special Counsel receives notification (referred to in para-
graph (1)) from the Commission.
‘‘(C) With respect to a claim to which a final judg-
ment issued by a court of the United States applies, the
appropriate date is the date on which the Office of Special
Counsel receives notification (referred to in paragraph (1))
from such court.
‘‘(4) For the purpose of this subsection—
‘‘(A) the term ‘order’ means an order issued on
the merits;
‘‘(B) the term ‘judgment’ means a judgment is-
sued on the merits; and
‘‘(C) the term ‘final judgment’ means a judg-
ment that is either—
‘‘(i) not reviewed by any other court that
has authority to review such judgment; or
‘‘(ii) not reviewable by any other court.’’.
(2) Section 1218 of title 5, United States Code, is
amended—
(A) by inserting ‘‘(a)’’ before the first sentence;
and
(B) by adding at the end the following:
‘‘(b) Any statistical or other information provided
under the first sentence of subsection (a) shall specify the
extent to which such information relates to any matter re-
ferred to in section 1214(g).’’.
(d) RECORDKEEPING.—(1) Chapter 23 of title 5,
United States Code, is amended by adding at the end the
following:
‘‘§ 2306. Federal personnel records
‘‘(a) For the purpose of this section—
‘‘(1) the term ‘personnel action’ has the mean-
ing given such term in section 2302(a)(2)(A);
‘‘(2) the term ‘record’ has the meaning given
such term in section 552a(a)(4); and
‘‘(3) the term ‘employee’ means—
‘‘(A) an employee as defined by section
2105; and
‘‘(B) an employee of the United States
Postal Service or the Postal Rate Commission;
but does not include any employee with respect to
whom section 117, or title III (excluding section
320), of the Civil Rights Act of 1991 applies.
‘‘(b) Records relating to any personnel action taken
with respect to an employee shall be maintained by the
employing authority for at least the greater of—
‘‘(1) 270 days after the effective date of the
personnel action to which they relate; or
‘‘(2) the period of time otherwise required
under applicable provisions of law, rule, or regula-
tion, if any.
‘‘(c) The Office of Personnel Management shall pre-
scribe regulations for the implementation of this section
by an Executive agency.’’.
(2) The table of sections for chapter 23 of title 5,
United States Code, is amended by adding at the end the
following:
‘‘2306. Federal personnel records.’’.
(e) FILING DEADLINE.—Section 7703(b)(2) of title
5, United States Code, is amended by striking ‘‘30 days’’
and inserting ‘‘90 days’’.
(f) RIGHT TO INTERVENE.—Section 1212(c)(2) of
title 5, United States Code, is amended—
(1) by striking ‘‘(2)’’ and inserting ‘‘(2)(A)’’;
and
(2) by adding at the end the following:
‘‘(B) Consent under subparagraph (A) shall not be
required, in the case of an appeal from an action, if—
‘‘(i) section 7513(d) is the provision making the
action appealable to the Board;
‘‘(ii) the appeal is brought by an individual with
respect to whom notification has been received by
the Office of Special Counsel under section 717(m)
of the Civil Rights Act of 1964; and
‘‘(iii) 1 of the grounds for the action being ap-
pealed is discrimination of a type described in sec-
tion 2302(b)(1).’’.
SEC. 115. 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. 116. ISSUANCE OF PROCEDURAL GUIDELINES AND NO-
TICE RULES.
After providing notice in accordance with section
553(b) of title 5, United States Code, and not later than
1 year after the date of the enactment of this Act, the
Equal Employment Opportunity Commission shall issue—
(1) rules to assist entities of the Federal Gov-
ernment to comply with section 717(d) of the Civil
Rights Act of 1964, as added by section 112 of this
Act, and
(2) rules establishing—
(A) a uniform written official notice to be
used to comply with section 717 of such Act, as
added by section 112 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
112 of this Act.
SEC. 117. RULES OF CONSTRUCTION.
Any reference in any law (other than title VII of the
Civil Rights Act of 1964) to any provision of title VII of
the Civil Rights Act of 1964 amended by this Act shall
be deemed to be a reference to such provision as amended
by this Act.
SEC. 118. EFFECTIVE DATE; APPLICATION OF AMEND-
MENTS.
(a) EFFECTIVE DATE.—Except as provided in sub-
section (b), this Act and the amendments made by this
Act shall take effect on January 1, 1995.
(b) APPLICATION OF AMENDMENTS.—Except as pro-
vided in section 117, the amendments made by this Act
(other than sections 113 and 114) 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.
Subtitle C—Congressional
Employees Fairness Act
SEC. 121. SHORT TITLE.
This subtitle may be cited as the ‘‘Congressional Em-
ployees Fairness Act’’.
SEC. 122. APPLICATION OF FEDERAL LAWS.
(a) LAWS WHICH WILL APPLY.—Within 90 days
after the date final regulations take effect under section
124(a)(2), the following laws shall apply to the Congress:
(1) The Fair Labor Standards Act of 1938 (29
U.S.C. 201 et seq.).
(2) Title VII of the Civil Rights Act of 1964
(42 U.S.C. 2000e et seq.).
(3) Sections 102 through 104 of the Americans
With Disabilities Act of 1990 (42 U.S.C. 12112-
12114).
(4) Section 15 of the Age Discrimination in
Employment Act of 1967 (29 U.S.C. 633a).
(5) The Family and Medical Leave Act of 1993
(29 U.S.C. 2611 et seq.).
(b) LAWS WHICH MAY BE MADE APPLICABLE.—Any
provision of Federal law shall, to the extent that it relates
to—
(1) the terms and conditions of employment (in-
cluding hiring, promotion or demotion, salary and