[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2499 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 2499

To make the Age Discrimination in Employment Act of 1967 applicable to 
the House of Representatives and the instrumentalities of the Congress 
and to allow House employees and employees of the instrumentalities to 
 bring a civil action in Federal court to vindicate their rights under 
 such Act and under the Americans with Disabilities Act, title VII of 
    the 1964 Civil Rights Act, and the Family and Medical Leave Act.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 23, 1993

  Mr. Goodling (for himself, Mr. Michel, Mr. Gingrich, Mr. Armey, Mr. 
Hyde, Mr. Petri, Mr. Fawell, Mr. Ballenger, Mr. Boehner, Mr. Barrett of 
 Nebraska, and Mr. Hoekstra) introduced the following bill; which was 
 referred jointly to the Committees on House Administration, Education 
                      and Labor, and the Judiciary

_______________________________________________________________________

                                 A BILL


 
To make the Age Discrimination in Employment Act of 1967 applicable to 
the House of Representatives and the instrumentalities of the Congress 
and to allow House employees and employees of the instrumentalities to 
 bring a civil action in Federal court to vindicate their rights under 
 such Act and under the Americans with Disabilities Act, title VII of 
    the 1964 Civil Rights Act, and the Family and Medical Leave Act.

    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 ``Congressional Coverage for 
Discrimination and Family Leave Act''.

                      TITLE I--AGE DISCRIMINATION

SEC. 101. 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 Second 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) Not later than 60 days after any payment is made under this 
section for the benefit of an aggrieved employee out of a Federal 
account of the House of Representatives and on behalf of the employing 
authority, the employing authority shall reimburse such account with 
non-Federal funds. 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 and shall issue 
guidelines to ensure such reimbursement.
    ``(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 authorized 
under paragraph (2) 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 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 II--TITLE VII OF THE CIVIL RIGHTS ACT OF 1964

SEC. 201. 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. 202. 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), by inserting before the period the 
        following: ``and includes any agent of any of the foregoing 
        entities'', and
            (2) by adding at the end the following:
    ``(c) Employee Actions.--
            ``(1) In general.--Within 90 days of the exhaustion of all 
        procedures authorized under subsection (a) or (b) 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 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 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 for each 
        complaining party $50,000 in an action against an employing 
        authority.
            ``(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.--Not later than 60 days after any payment is made 
under this section for the benefit of an aggrieved employee out of a 
Federal account of the House of Representatives and on behalf of an 
employing authority, the employing authority shall reimburse such 
account with non-Federal funds. 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 and shall 
issue guidelines to ensure such reimbursement.
    ``(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 III--DISABILITIES

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 Americans with Disabilities Act of 1990.

SEC. 302. 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 authorized under subsection (b)(2) or (c)(2) 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 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 
        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 for each complaining party $50,000 in an 
        action against an employing authority.
            ``(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.
    ``(e) Payments.--Not later than 60 days after any payment is made 
under this section for the benefit of an aggrieved employee out of a 
Federal account of the House of Representatives and on behalf of an 
employing authority, the employing authority shall reimburse such 
account with non-Federal funds. 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 and shall 
issue guidelines to ensure such reimbursement.
    ``(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 IV--FAMILY AND MEDICAL LEAVE

SEC. 401. ENFORCEMENT ACTION.

    (a) Employing Authority.--Section 502(a) of the Family and Medical 
Leave Act of 1993 (2 U.S.C. 60n(a)) is amended by inserting before the 
period the following: ``, except that with respect to a position on the 
minority staff of a committee, the term `employing authority' does not 
include the Chairman of such committee''.
    (b) Remedy.--Subsection (c) of section 502 of the Family and 
Medical Leave Act of 1993 (2 U.S.C. 60n) is redesignated as subsection 
(f) and the following is inserted after subsection (b):
    ``(c) Employee Action.-- Within 90 days of the exhaustion of all 
procedures authorized under subsection (b), or after 180 days after the 
timely 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, interest, 
attorneys' fees, expert witness fees, and other costs, as may be 
ordered by a court under section 107.
    ``(d) Payments.--Not later than 60 days after any payment is made 
under this section for the benefit of an aggrieved employee out of a 
Federal account of the House of Representatives and on behalf of an 
employing authority, the employing authority shall reimburse such 
account with non-Federal funds. 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 and shall 
issue guidelines to ensure such reimbursement.
    ``(e) Instrumentalities of Congress.--
            ``(1) In general.--The rights and protections under 
        sections 102 through 105 (other than section 104(b)) shall, 
        subject to paragraph (2), apply with respect to the conduct of 
        each instrumentality of the Congress.
            ``(2) Establishment of remedies and procedures by 
        instrumentalities.--The chief official of each instrumentality 
        of the Congress shall establish remedies and procedures to 
        protect the rights provided for in paragraph (1).
            ``(3) Report to congress.--The chief official of each 
        instrumentality of the Congress shall, after establishing 
        remedies and procedures for purposes of paragraph (2), submit 
        to the Congress a report describing the remedies and procedures 
        it has established to comply with paragraph (2).
            ``(4) Definition of instrumentalities.--For purposes of 
        this section, instrumentalities of the Congress include the 
        Architect of the Capitol, the Library of Congress, the 
        Congressional Budget Office, the General Accounting Office, the 
        Government Printing Office, the Office of Technology 
        Assessment, and the United States Botanic Garden and includes 
        any agent of any of the foregoing entities.
            ``(5) Civil action.--Within 90 days of the exhaustion of 
        all procedures authorized under paragraph (2) 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 
        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 107.
    ``(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.''.

                          TITLE V--GUIDELINES

SEC. 501. GUIDELINES.

    Any guidelines issued by any committee of the House of 
Representatives to implement any provision of this Act 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 this Act shall take effect upon the 
expiration of 3 months after the date of the enactment of this Act.

                                 <all>

HR 2499 IH----2