[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2721 Reported in House (RH)]
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 administrative 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 Committee of the Whole House on the State
of the Union, and ordered to be printed
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
Discrimination in Employment Act of 1967 to improve the effectiveness
of administrative 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 California, Mr.
Kildee, Mrs. Morella, Mr. Sawyer, Mrs. Mink, Mr. Dellums, Mr. Conyers,
Mr. Stokes, Mr. Foglietta, Mrs. Collins of Illinois, Mr. Frank of
Massachusetts, Mr. Serrano, Mr. Towns, Mr. Olver, Mr. Sanders, Mr.
Jefferson, Mr. Blackwell, Mr. Hastings, 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 Minnesota, 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
amendment, 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 employment discriminations claims made by
Federal employees, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Employee Fairness Act of
1994''.
TITLE I--ADMINISTRATIVE REVIEW 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 Employment 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 employment 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 Employment 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
redesignated, by striking ``and'' at the end,
(iii) in subparagraph (C), as so
redesignated, 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 Government--
``(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 identify the respondent required by
subsection (c)(1) to be named in a complaint alleging
such violation, shall inform such Federal employee
individually 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 process.);
``(ii) to establish a voluntary alternative dispute
resolution process to resolve complaints, except that a
Federal 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; and
``(iv) not to require Federal employees to
participate in counseling made available under clause
(i) or in a dispute resolution process made available
under clause (ii).'',
(C) in the third sentence by striking ``The'' and
inserting the following:
``(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 opposing any practice made an unlawful employment practice by
this title, his making a charge, testifying, assisting, or
participating in any manner in an investigation, proceeding, or hearing
under this title, or his communicating with the Congress regarding
discrimination in violation of this section was a contributing factor
in an adverse personnel action that was taken or is to be taken against
such employee or applicant.
``(B) Relief under this section may not be granted if the
respondent demonstrates, on the basis of the evidentiary standard
specified in section 1221(e)(2) of title 5 of the United States Code,
that it would have taken the same personnel action in the absence of
the conduct described in subparagraph (A).'',
(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 alleged 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)(A) 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 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 the same interest to
compensate for delay in payment as in cases involving nonpublic
parties.
``(B) If an action or proceeding brought under this section by or
on behalf of a Federal employee is found by the court to be
unreasonable, groundless, or vexatious, the court, in its discretion,
may allow the respondent a reasonable attorney's fee (including expert
fees), costs, and interest as a court has authority to award to a
prevailing party under subparagraph (A).'',
(4) by redesignating subsections (d) and (e) as subsections
(o) and (p), respectively, and
(5) by inserting after subsection (b) the following:
``(c)(1)(A) Except as provided in subparagraphs (B), (C), and (D),
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 department, agency, or unit in which such discrimination is
alleged 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 discrimination
occurs, the complaint is filed--
``(i) except as provided in subparagraph (D), 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 Government,
regardless of the respondent named;
the complaint shall be considered to be filed in compliance with
subparagraph (A).
``(C) A complaint filed under this section with respect to a claim
of discrimination arising under subsection (a) 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 employee, exercised the option under
section 7121(d) of such title to raise the matter under the
negotiated grievance procedure before filing the complaint.
``(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 Federal
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 receives the
complaint from a source other than the Commission, 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 respect 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 Commission.
``(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 immediately 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 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 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 procedures provided in such
section 7121 or a request 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 period begins later), commence a civil
action in an appropriate 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 applicable 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 determination 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 determine
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 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 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 personnel 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 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, 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 days, a stay issued
under subparagraph (A).
``(C) The administrative judge may request the Commission 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 authority 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 accurate. If the administrative
judge finds that the respondent 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 require the respondent--
``(A) to obtain any additional documents and information
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 information received
under paragraph (4), the administrative judge shall issue an order
dismissing--
``(i) any frivolous claim alleged in the complaint; 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 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--
``(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
the 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
determination 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, reasonably expected to arise from the facts
on which the complaint is based.
``(ii) On the request of the aggrieved Federal employee, the
administrative judge shall--
``(I) determine whether the administrative proceeding with
respect to such claim may be maintained as a class proceeding;
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 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 requested
information, or the testimony 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 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 disparate impact)
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 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 direct
connection with such claim;
``(ii) bring out pertinent facts and relevant employment
practices and policies, and ensure that the record is developed
for a full and fair determination of such claim, but--
``(I) exclude irrelevant or unduly repetitious
information; and
``(II) apply the Federal Rules of Evidence
equitably;
``(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 administrative judge, a
transcript of all or part of such hearing shall be provided in a timely
manner and simultaneously to the parties and the Commission. The
respondent shall bear the cost of providing such transcript.
``(F) The administrative judge shall have authority--
``(i) to administer oaths and affirmations;
``(ii) to regulate the course of hearings;
``(iii) to rule on offers of proof and receive evidence;
``(iv) to issue subpoenas to compel--
``(I) the production of documents or information by
the entity of the Federal Government in which
discrimination is alleged to have occurred; and
``(II) the attendance of witnesses who are Federal
officers or employees 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 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
compelled only to attend any place--
``(I) less than 100 miles from the place where such
witness resides, is employed, transacts 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 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 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 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 person to appear
at any designated place to testify or to produce documentary or other
evidence.
``(7)(A) Except as provided in subparagraph (B), the administrative
judge shall issue a written order making the determination required by
paragraph (6)(A), and granting or denying relief, not later than--
``(i)(I) 300 days after the complaint containing such claim
is filed by or on behalf of a Federal employee 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 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 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 Commission to
extend any period applicable under subparagraph (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 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 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 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 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 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 circumstances
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 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 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 subsections
(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 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)(II) with respect to such claim;
``(B) during the period beginning 2 years and 120 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)(ii) with respect to such claim; and
``(C) during the period beginning 210 days after such
Federal employee timely requests appellate review 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 terminate.
``(i) A Federal employee who prevails on a claim arising 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
administrative judge under subsection (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 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 (including 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)(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 employee 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 Commission 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 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 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 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 Commission
shall certify to the Comptroller General of the United States that a
determination under this paragraph has been made, and no payment shall
be made out of the Treasury of the United States for any service
specified in such determination.
``(2) In enforcing compliance with such order with respect 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 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
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 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 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 1994, 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 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 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 inserting
``sections 12(b) and 4(d)'', and
(iii) by adding at the end the following:
``(2)(A) Subject to subparagraph (B), an unlawful personnel action
of the kind described 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, 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 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 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 inserting
``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 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 subsection (a)(1), in''.
(b) Opportunity To Commence Civil Action.--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 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 enactment of this
Act and ending on December 31, 1995, the individual 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 ``administrative''
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 ``Selection''
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:
``Sec. 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 applicant may
appeal to the Merit Systems Protection Board, or
``(ii) an action, not described in clause (i)--
``(I) on the part the Equal Employment
Opportunity Commission, and
``(II) with respect to which the employee
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
discrimination 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 Standards 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 Discrimination
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 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.
``(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 applied 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 subsection
(a)(1)(A).
``(b) If--
``(1) an employee elects the procedures specified in
subsection (a)(2)(C), and
``(2) the Equal Employment Opportunity Commission 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 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 subsection (a).
``(d) Nothing in this section shall be construed to affect 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 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 administrative judge
of the Equal Employment Opportunity Commission applies, and
``(ii) with respect to which the aggrieved employee
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 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 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 Employment
Opportunity Commission applies, and
``(ii) with respect to which the aggrieved 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 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 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 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 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 referred 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:
``Sec. 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 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 regulation, if any.
``(c) The Office of Personnel Management shall prescribe
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 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 appealed 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 ``Commission''.
SEC. 105. ISSUANCE OF PROCEDURAL GUIDELINES AND NOTICE 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 Government 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 collecting
and preserving documents and information 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 entities 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 INFORMATION.
(a) Rules Required.--The Equal Employment Opportunity 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
security information in administrative proceedings under section 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 security 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 amendments made by
this title--
(1) impose on the Equal Employment Opportunity Commission
additional administrative responsibility in the processing of
claims of Federal employees based on discrimination in
employment,
(2) increase the financial burden on the Commission 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 AMENDMENTS.
(a) Effective Date.--Except as provided in subsections (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 provided 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 sections 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 employing 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 minority staff of
a committee, such term does not include the Chairman of such
committee;
``(3) the term `Fair Employment Practices Resolution'
means--
``(A) House Resolution 558 of the One Hundredth
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 competitive 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 employing 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 consideration 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 allowance 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 Practices, 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 paragraph (2), within 180 days after the alleged
violation), an employee may bring a civil action in the appropriate
United States district court against the employee's instrumentality. 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 expressed 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 following: ``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 employee's
employment and any agent of such Member but with respect to a position
on the minority staff of a committee such term does not include the
Chairman of such committee.''.
(b) Employee Actions, Payments, Considerations, and Notice.--
(1) Amendment.--Section 117 (2 U.S.C. 60l) is amended in
subsection (b)(4)--
(A) by inserting before the period the following:
``and includes any agent of any of the foregoing
entities'', and
(B) by adding at the end the following:
``(c) Employee Actions.--
``(1) In general.--Within 90 days of the exhaustion of all
procedures in effect under subsection (a) or (b) 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 violation),
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 instrumentality. 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 compensatory 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 punitive damages shall not exceed, in the
aggregate, for each complaining party $300,000 in an
action against an employing authority, and
``(B) the amount of punitive damages may not exceed
$50,000.
``(2) Trial.--In an action brought under paragraph (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 paragraph (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 Administration of the
House of Representatives shall determine which account shall be used
for payments (other than punitive damages) to an aggrieved employee
under this section.
``(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 consideration 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 allowance or a
position on the staff of a committee.
``(f) Notice.--Each employing authority and instrumentality of
Congress shall post and keep posted, in conspicuous places on its
premises, a notice that shall be prepared 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 expressed 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 following: ``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 employee'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, Considerations, 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 exhaustion 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
violation), 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 instrumentality. 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 compensatory 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 punitive damages shall not exceed, in the
aggregate, for each complaining party $300,000 in an
action against an employing authority, and
``(B) the amount of punitive damages may not exceed
$50,000.
``(2) Trial.--In an action brought under paragraph (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 paragraph (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 Administration of the
House of Representatives shall determine which account shall be used
for payments (other than punitive damages) to an aggrieved employee
under this section and shall issue guidelines to ensure such
reimbursement.
``(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 consideration 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 allowance or a
position on the staff of a committee.
``(g) Notice.--Each employing authority and instrumentality of
Congress shall post and keep posted, in conspicuous places on its
premises, a notice that shall be prepared 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 509(b)(2)(B)(i) (42
U.S.C. 12209(b)(2)(B)(i)) is amended by inserting before the
period at the end the following: ``, except as provided in
subsections (d) through (g)''.
TITLE V--GUIDELINES
SEC. 501. GUIDELINES.
Any guidelines issued by any committee of the House of
Representatives to implement any provision of this Act (other than
title I) shall be published in the Congressional Record for a period of
at least 60 days before such implementation.
TITLE VI--EFFECTIVE DATE
SEC. 601. EFFECTIVE DATE.
The amendments made by titles II, III, and IV of this Act shall
take effect upon the expiration of 3-month period beginning on the date
of the enactment of this Act.
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Employee Fairness Act of
1994''.
SEC. 2. 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 `administrative judge' includes an administrative
law judge appointed under section 3105 of title 5 of the United States
Code.
``(p) The term `Commission' means the Equal Employment Opportunity
Commission.
``(q) 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.
``(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 Government.
``(t) The terms `government', `government agency', and `political
subdivision' do not include an entity of the Federal Government.''.
(b) EEOC Determination of Federal Employment 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
redesignated, by striking ``and'' at the end,
(iii) in subparagraph (C), as so
redesignated, 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 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 subsection (c)(1) to be named in a
complaint alleging such violation, shall inform such
Federal employee individually 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
process.);
``(ii) to establish a voluntary alternative dispute
resolution process to resolve complaints, except that a
Federal 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 employees 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 described in such subsection; and
``(v) not to require Federal employees 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 violation
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 Commission a request for a stay of such personnel action,
together with an affidavit made by such employee in support of such
request.
``(B) Immediately after receiving such request so supported, the
Commission shall appoint an administrative judge to review such
request. Subsection (f)(3) shall apply with respect to such review and
to the issuance of a stay requested under subparagraph (A).'',
(C) in the third sentence by striking ``The'' and
inserting the following:
``(3) 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:
``(4) With'', and
(F) by adding at the end the following:
``(5)(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 opposing any practice made an unlawful employment practice by
this title, his making a charge, testifying, assisting, or
participating in any manner in an investigation, proceeding, or hearing
under this title, or his communicating with the Congress regarding
discrimination in violation of this section was 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 employee 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 taken the same
personnel action in the absence of the impermissible motivating factor,
the court--
``(i) may grant declaratory relief, injunctive 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 subparagraph (A); and
``(ii) shall not award damages or issue an order requiring
any admission, reinstatement, hiring, promotion, or payment not
described in clause (i).'',
(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 this section is alleged 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)(A) 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 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 the same interest to
compensate for delay in payment as in cases involving nonpublic
parties.
``(B) If an action brought under this section by or on behalf of a
Federal employee is found by the court to be unreasonable, groundless,
or vexatious, the court, in its discretion, may allow the respondent a
reasonable attorney's fee (including expert fees), costs, and interest
as a court has authority to award in an action to a prevailing party
under subparagraph (A).'',
(4) by redesignating subsections (d) and (e) as subsections
(o) and (p), respectively, and
(5) by inserting after subsection (b) the following:
``(c)(1)(A) Except as provided in subparagraphs (B), (C), (D), and
(E), 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 this section 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, or with the Commission--
``(i) not later than 180 days after the alleged
discrimination occurs, except as provided in clause (ii); and
``(ii) in the case of a respondent that provides to such
employee a voluntary alternative dispute resolution process
approved by the Commission in accordance with rules issued by
the Commission under section 6(a)(4) of the Federal Employee
Fairness Act of 1994, after the expiration of the 20-day period
beginning on the date the Federal employee specifically named
in the complaint (or an individual authorized to represent such
Federal employee or both) requests and offers to meet once with
an individual authorized to represent the respondent in
accordance with subparagraph (B) to engage in the precomplaint
conciliation approved under such section by the Commission to
be provided by the respondent, except that such 20-day period
shall 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 Federal employee; and
``(ii) an individual may not be authorized to represent the
respondent if such individual--
``(I) has or has had any involvement in the
circumstances relating to any of such claims; or
``(II) has or has had supervisory authority over
such Federal employee.
``(C) If, not later than 180 days (determined under subparagraph
(A)) after the alleged discrimination 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) except as provided in subparagraph (E), with any
other entity of the Federal Government, regardless of the
respondent 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 arising 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 employee, exercised the option under
section 7121(d) of such title to raise the matter under the
negotiated grievance procedure before filing the complaint.
``(E) 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 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 (determined under subparagraph (A)) after the
alleged discrimination occurs.
``(2) 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 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 receives the
complaint from a source other than the Commission, 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 respect 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 Commission.
``(e)(1) The respondent shall make reasonable efforts to conciliate
each claim alleged in the complaint beginning on the date the complaint
is filed under subsection (c). After the complaint is filed, the
respondent shall promptly inform such Federal employee individually of
the procedures and deadlines that apply under this section to a claim
alleging such discrimination.
``(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 immediately 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 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 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 procedures provided in such
section 7121 or a request described in subclause (I);
or
``(ii) in the 90-day period beginning on the date 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 period begins later), commence a civil
action in an appropriate 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 applicable 90-day
period specified in paragraph (2)(B)(ii).
``(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)(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 subsection (e)(3)(A)
with the Commission for a determination 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 determine
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 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 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) The administrative judge, in accordance with rules issued
by the Commission, may request any member of the Commission to order a
stay of any personnel action for 45 days if the administrative judge
determines that there are reasonable grounds to believe that the
personnel action was taken for discriminatory or retaliatory reasons
prohibited under this section.
``(B)(i) Any member of the Commission requested under subparagraph
(A) to order a stay shall order such stay unless the member determines
that, under the facts and circumstances 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 calendar
day (excluding Saturdays, Sundays, and legal holidays) after the date
of the request.
``(C) If a stay is ordered under subparagraph (B), the member who
received the request for such stay may terminate such stay at any time
after giving notice, and an opportunity for oral or written comments,
to the aggrieved Federal employee on whose behalf such stay was
ordered.
``(D)(i) The Commission may extend the period of any stay granted
under subparagraph (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 extension
of a stay, to comment to such members 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 determine 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 respondent 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 require the respondent--
``(A) to obtain any additional documents and information
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 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 employee;
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 dismissed under
subparagraph (A), the administrative 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--
``(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
the complaint.
``(ii) Such Federal employee may commence such civil action after
the dismissal of such claim or the complaint and before the expiration
of 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
determination on the merits of any other nonfrivolous claim under this
section, and on the merits of any action such Federal employee may
appeal to the Merit Systems Protection Board, reasonably expected to
arise from the facts on which the complaint is based.
``(ii) On the request of the aggrieved Federal employee, the
administrative judge shall--
``(I) determine whether the administrative proceeding with
respect to such claim may be maintained as a class proceeding;
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 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 requested
information, or the testimony 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 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 disparate impact)
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 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 direct
connection with such claim;
``(ii) bring out pertinent facts and relevant 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 administrative judge, a
transcript of all or part of such hearing shall be provided in a timely
manner and simultaneously to the parties and the Commission. The
respondent shall bear the cost of providing such transcript.
``(F) The administrative judge shall have authority--
``(i) to administer oaths and affirmations;
``(ii) to regulate the course of hearings;
``(iii) to rule on offers of proof and receive evidence;
``(iv) to issue subpoenas to compel--
``(I) the production of documents or information by
the entity of the Federal Government in which
discrimination is alleged to have occurred; and
``(II) the attendance of witnesses who are Federal
officers or employees 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 Government 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
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 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 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 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 person to appear
at any designated place to testify or to produce documentary or other
evidence.
``(7)(A) Except as provided in subparagraph (B), the administrative
judge shall issue a written order making the determination required by
paragraph (6)(A), and granting or denying relief, not later than--
``(i)(I) 300 days after the complaint containing such claim
is filed by or on behalf of a Federal employee 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 be extended 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 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 Commission to
extend any period applicable under subparagraph (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 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 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 granted
or denied, in such order with respect to such claim.
``(F) Such Federal employee may commence 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 commence 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 request 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 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 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 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 circumstances
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 a
preponderance of the evidence in the record taken as a whole and are
otherwise in accordance with law. The Commission shall accord
substantial deference to the findings of fact of the administrative
judge.
``(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 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 issued.
``(D) Such Federal employee may commence 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 authorized by subsections
(f)(7)(F) and (g)(3)(D)--
``(A) during the period beginning 20 days after the
expiration of the applicable 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
respect to such claim; and
``(B) during the period beginning 20 days after the
expiration of the applicable period specified in subsection
(g)(3)(A) and ending on the date the Commission 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 subsection (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 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 (including 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 this section,
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)(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 employee 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 subsection (c)(1)(A)(ii);
``(C) responding to requests made by the Commission
(including administrative judges) or the respondent for
information; 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 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
official duty 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; 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
section 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 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 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 Commission
shall certify to the Comptroller General of the United States that a
determination under this paragraph has been made, and no payment shall
be made out of the Treasury of the United States for any service
specified in such determination.
``(2) In enforcing compliance with such order with respect 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 shall 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 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
action commenced under this section, then not later than 15 days after
issuing an order finding liability under this section, the
administrative judge or the district court involved shall transmit to
the Office of Special Counsel a copy of such order.
``(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. 3. AMENDMENTS TO THE AGE DISCRIMINATION IN EMPLOYMENT 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 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 1994, 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 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 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 inserting
``sections 4(d) and 12(b)'', and
(iii) by adding at the end the following:
``(2)(A) Subject to subparagraph (B), an unlawful personnel action
of the kind described 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, 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 applicant.
``(B) On a claim in which a Federal employee 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, injunctive 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 subparagraph (A); and
``(ii) shall not award damages or issue an order requiring
any admission, reinstatement, 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)--
(i) by inserting ``(A)'' after ``(a)(1)'',
(ii) by striking ``706(k)'' and inserting
``706(j)'',
(iii) by striking ``through (k)'' and inserting
``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 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 subsection (a)(1), in''.
(b) Opportunity To Commence Civil Action.--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 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 enactment of this
Act and ending on December 31, 1996, the individual who filed such
complaint may commence a civil action under such section not later than
June 30, 1997.
SEC. 4. AMENDMENTS TO TITLE 5 OF THE UNITED STATES CODE.
(a) Grievance Procedures.--Section 7121 of title 5, United States
Code, is amended--
(1) in subsection (a)(1) by inserting ``administrative''
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 ``Selection''
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:
``Sec. 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 applicant may
appeal to the Merit Systems Protection Board, or
``(ii) an action, not described in clause (i)--
``(I) on the part the Equal Employment
Opportunity Commission, and
``(II) with respect to which the employee
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
discrimination 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 Standards 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 Discrimination
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 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) selecting 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.
``(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 applied 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 subsection
(a)(1)(A).
``(b) If--
``(1) an employee elects the procedures specified in
subsection (a)(2)(C), and
``(2) the Equal Employment Opportunity Commission 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 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 subsection (a).
``(d) Nothing in this section shall be construed to affect 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 receives any copy
of an order, in accordance 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 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 administrative judge
of the Equal Employment Opportunity Commission applies, and
``(ii) with respect to which the aggrieved employee
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 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 Commission applies, and
``(ii) with respect to which the aggrieved 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 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 following:
``(b) Any statistical or other information provided under the first
sentence of subsection (a) shall specify with respect to each
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:
``Sec. 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 employee 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 Rehabilitation Act of 1973
applies; or
``(C) sections 12 and 15 of the Age Discrimination
in Employment Act of 1967 apply;
but does not include any employee or applicant 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 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 such records 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, in consultation with the
Equal Employment Opportunity Commission, shall issue guidelines for the
implementation of this section by an entity of the Federal Government
(as defined in section 701 of the Civil Rights Act of 1964).''.
(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 amended--
(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 inserting 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
(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 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 NOTICE RULES.
(a) Issuance of Certain Rules and Guidelines.--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 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 notice to be used to
comply with section 717 of such Act, as added by
section 2 of this Act, and
(B) detailed requirements applicable to collecting
and preserving documents and information under section
717(d), as added by section 2 of this Act,
(3) guidelines describing an alternative 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 with the
administrative process applicable to claims under section 717
of such Act, and
(4) rules establishing the criteria, standards, and process
for obtaining Commission simultaneous approval of--
(A) a process for precomplaint conciliation of the
kind required by section 717(c)(1)(A)(i) of the Civil
Rights Act of 1964, and
(B) an alternative dispute resolution process for
purposes of such section.
(b) Publication of Proposed Guidelines.--Not later than 180 days
after the date of the enactment of this Act, the Equal Employment
Opportunity Commission shall publish in the Federal Register proposed
guidelines of the kind described in subsection (a)(3) and proposed
rules of the kind described in subsection (a)(4), and allow not less
than 30 days for public comment before issuing guidelines and rules
under paragraphs (3) and (4) of subsection (a).
(c) Standards for Alternative Dispute Resolution Processes.--The
guidelines required by subsections (a) and (b) shall provide for
alternative dispute resolution processes that include--
(1) procedural rules applicable to the operation of such
processes, including a description of the roles of Federal
employees and the authorized representatives of such employees
in such processes,
(2) an opportunity for meaningful participation by Federal
employees, and their authorized representatives if appropriate,
in the design and development of such processes and such rules,
(3) methods for selecting and training qualified
facilitators, including the use of nonparty neutrals not from
the employing activities,
(4) providing to the parties access to relevant documents
and witnesses,
(5) application of decisional law and legal principles,
(6) periodic evaluation of the efficacy of facilitators,
(7) periodic evaluation of the efficacy of the alternative
dispute resolution process and conciliation (including
precomplaint conciliation), and reporting on the resolution and
settlement of disputes under such process, and
(8) confidentiality of communications (including offers of
settlement) among participants in such process.
(d) Identification of Approved Alternative Dispute Resolution
Processes.--Not later than 21 months after the date of the enactment of
this Act, and annually thereafter, the Equal Employment Opportunity
Commission shall publish in the Federal Register the names of the
entities of the Federal Government (as defined in section 701 of the
Civil Rights Act of 1964) that provide a voluntary alternative dispute
resolution process approved by the Commission in accordance with the
rules in effect under subsection (a)(4).
(e) Voluntary Settlement Program.--The Equal Employment Opportunity
Commission shall issue rules establishing a program and procedures,
consistent with the administrative 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 following information separately identified with
respect to each entity of the Federal Government 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 section 717, as amended by such Act, for
relief of any kind.
``(3) The number of such employees who filed complaints
under such section 717.
``(4) The number of other Federal employees 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 INFORMATION.
(a) Rules Required.--The Equal Employment Opportunity 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
security information in administrative proceedings under section 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 personnel, who have appropriate
security clearances.
(b) Definition.--For purposes of subsection (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 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. 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 administrative responsibility in the processing of
claims of Federal employees based on discrimination in
employment, and
(2) increase the financial burden on the Commission to
carry out such responsibility,
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
salaries and expenses.
SEC. 10. EFFECTIVE DATES; APPLICATION OF AMENDMENTS.
(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.
(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 effective date of this Act.
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