[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 370 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 370

To make the Age Discrimination in Employment Act of 1967 applicable to 
the House of Representatives and the instrumentalities of the Congress, 
   to give certain employees of the House of Representatives and the 
 instrumentalities of the Congress the right to petition for judicial 
review for violations of certain laws and rules concerning civil rights 
           and employment practices, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 5, 1993

Ms. Snowe introduced the following bill; which was referred jointly to 
the Committees on House Administration, Education and Labor, Rules, 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, 
   to give certain employees of the House of Representatives and the 
 instrumentalities of the Congress the right to petition for judicial 
review for violations of certain laws and rules concerning civil rights 
           and employment practices, 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. AGE DISCRIMINATION IN EMPLOYMENT ACT OF 1967.

    (a) Application to House of Representatives.--
            (1) In general.--The rights and protections of the Age 
        Discrimination in Employment Act of 1967 (29 U.S.C. 621 et 
        seq.) shall, subject to paragraph (2), apply with respect to 
        any individual who occupies an employment position or who is an 
        applicant for an employment position, as well as to any 
        employing authority of the House of Representatives.
            (2) Administration.--In the administration of this 
        subsection, the remedies and procedures referred to in the Fair 
        Employment Practices Resolution shall apply.
            (3) Exercise of rulemaking power.--The provisions of 
        paragraph (2) are enacted by the House of Representatives as an 
        exercise of the rulemaking power of the House of 
        Representatives, with full recognition of the right of the 
        House to change its rules, in the same manner, and to the same 
        extent as in any other rule of the House.
    (b) Application to Instrumentalities of the Congress.--
            (1) In general.--The rights and protections of the Age 
        Discrimination in Employment Act of 1967 (29 U.S.C. 621 et 
        seq.) shall, subject to paragraph (2), apply with respect to 
        any individual who is an employee of, or an applicant for 
        employment with, an instrumentality of the Congress.
            (2) Establishment of remedies and procedures.--The chief 
        official of each instrumentality of the Congress shall 
        establish remedies and procedures to be utilized with respect 
        to the rights and protections provided pursuant to paragraph 
        (1).
            (3) Report to the 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.

SEC. 2. APPLICATION OF FAIR LABOR STANDARDS ACT TO INSTRUMENTALITIES OF 
              THE CONGRESS.

    (a) In General.--The rights and protections of the Fair Labor 
Standards Act of 1938 (29 U.S.C. 201 et seq.) shall, subject to 
subsection (b), apply with respect to any individual who is employed by 
an instrumentality of the Congress.
    (b) Establishment of Remedies and Procedures.--The chief official 
of each instrumentality of the Congress shall establish remedies and 
procedures to be utilized with respect to the rights and protections 
provided pursuant to subsection (a).
    (c) Report to the Congress.--The chief official of each 
instrumentality of the Congress shall, after establishing remedies and 
procedures for purposes of subsection (b), submit to the Congress a 
report describing the remedies and procedures.
    (d) Architect of the Capitol.--The Architect of the Capitol shall, 
no later than 90 days after the date of enactment of this Act, submit a 
report to the Congress describing steps taken to implement section 8(b) 
of the Fair Labor Standards Amendments of 1989 (2 U.S.C. 60k(b)).

SEC. 3. RECOMMENDATIONS ON THE OCCUPATIONAL SAFETY AND HEALTH ACT.

    It is the sense of the House of Representatives that the Committee 
on House Administration should review the Occupational Safety and 
Health Act of 1970 (29 U.S.C. 651 et seq.) and make recommendations to 
the House of Representatives regarding the application of such Act to 
the House.

SEC. 4. JUDICIAL REVIEW.

    (a) Application to House of Representatives.--
            (1) In general.--Any individual who occupies an employment 
        position or who is an applicant for an employment position, and 
        who has been aggrieved by a violation of section 2(a) of the 
        Fair Employment Practices Resolution (relating to 
        nondiscrimination), section 1(a)(1) of this Act, section 
        117(a)(2)(A) of the Civil Rights Act of 1991 (2 U.S.C. 60l), 
        section 8(a)(1) of the Fair Labor Standards Amendment of 1989 
        (2 U.S.C. 60k), or section 509(b)(2)(A) of the Americans with 
        Disabilities Act of 1990 (42 U.S.C. 12209(b)(2)(A)) may, 
        following a final decision pursuant to the Fair Employment 
        Practices Resolution regarding such violation, petition for 
        review by the United States Court of Appeals for the Federal 
        Circuit.
            (2) Violations by members of the house of 
        representatives.--It is the sense of the House of 
        Representatives that the Rules of the House of Representatives 
        should be amended to address the issue of the source of 
        payments made by the House to satisfy a judgment against a 
        Representative in, or Delegate or Resident Commissioner to, the 
        Congress who has been found guilty by the United States Court 
        of Appeals for the Federal Circuit of a violation of one of the 
        sections referred to in paragraph (1).
    (b) Application to the Instrumentalities of the congress.--
            (1) Age discrimination in employment act of 1967.--Any 
        employee of an instrumentality of the Congress, who has been 
        aggrieved by a violation of section 1(b)(1) of this Act may, 
        following a final decision pursuant to section 1(b)(2) of this 
        Act, petition for review by the United States Court of Appeals 
        for the Federal Circuit.
            (2) Americans with disabilities act.--Any employee of an 
        instrumentality of the Congress who has been aggrieved by a 
        violation of section 509(c)(1) of the Americans with 
        Disabilities Act of 1990 (42 U.S.C. 12209(c)(1)) may, following 
        a final decision pursuant to subsection (c)(2) of such Act, 
        petition for review by the United States Court of Appeals for 
        the Federal Circuit.
            (3) Civil rights act of 1991.--Any employee of an 
        instrumentality of the Congress who has been aggrieved by a 
        violation of section 117(b)(1) of the Civil Rights Act of 1991 
        (2 U.S.C. 60l) may, following a final decision pursuant to 
        subsection (b)(3) of such Act, petition for review by the 
        United States Court of Appeals for the Federal Circuit.
            (4) Fair labor standards act.--Any employee of an 
        instrumentality of the Congress who has been aggrieved by a 
        violation of section 2(a) of this Act may, following a final 
        decision pursuant to section 2(b) of this Act, petition for 
        review by the United States Court of Appeals for the Federal 
        Circuit.
    (c) Scope of Judicial Review.--A petition for review authorized by 
subsection (a) or (b) shall be filed not later than 90 days following 
receipt by the aggrieved individual of a written final decision 
referred to in such subsection. The court shall decide all relevant 
questions of law and shall interpret constitutional and statutory 
provisions. The court shall set aside the decision if the court 
determines that the decision is--
            (1) arbitrary, capricious, an abuse of discretion, or 
        otherwise not consistent with law;
            (2) not made consistent with required procedures; or
            (3) not supported by substantial evidence.
In making its determination, the court shall review the whole record or 
those parts of the record cited by a party, and due account shall be 
taken of prejudicial error. If the aggrieved individual is the 
prevailing party in an appeal under this section, a reasonable 
attorney's fee may be allowed by the court in accordance with the 
standards established under section 706(k) of the Civil Rights Act of 
1964 (42 U.S.C. 2000e-5(k)).''.

SEC. 5. CONFORMING AMENDMENTS.

    (a) Americans with Disabilities Act.--Section 509 of the Americans 
with Disabilities Act of 1990 (42 U.S.C. 12209(b)(2)) is amended--
            (1) by amending subsection (b)(2)(B) to read as follows:
                    ``(B) Administration.--This paragraph shall be 
                administered according to the Fair Employment Practices 
                Resolution (House Resolution 558 of the One Hundredth 
                Congress, as agreed to October 4, 1988), as 
                incorporated into the Rules of the House of 
                Representatives as rule LI, or any other provision or 
                resolution that continues in effect the provisions of 
                such resolution.''; and
            (2) in subsection (c)(2) by striking ``Such remedies and 
        procedures shall apply exclusively.''.
    (b) Civil Rights Act of 1991.--Section 117 of the Civil Rights Act 
of 1991 (2 U.S.C. 60l) is amended--
            (1) by amending subsection (a)(2)(B) to read as follows:
                    ``(B) Administration.--This paragraph shall be 
                administered according to the Fair Employment Practices 
                Resolution (House Resolution 558 of the One Hundredth 
                Congress, as agreed to October 4, 1988), as 
                incorporated into the Rules of the House of 
                Representatives as rule LI, or any other provision or 
                resolution that continues in effect the provisions of 
                such resolution.''; and
            (2) in section (b)(2) by striking ``Such remedies and 
        procedures shall apply exclusively, except for the employees 
        who are defined as Senate employees, in section 301(c)(1).''.

SEC. 6. DEFINITIONS.

    For the purposes of this Act--
            (1) the terms ``employment position'' and ``employing 
        authority'' have the meaning given such terms in the Fair 
        Employment Practices Resolution;
            (2) the term ``Fair Employment Practices Resolution'' means 
        House Resolution 558 of the One Hundredth Congress, as agreed 
        to October 4, 1988, and as incorporated into the Rules of the 
        House of Representatives as rule LI, or any other provision or 
        resolution that continues in effect the provisions of such 
        resolution; and
            (3) the term ``instrumentalities of the Congress'' shall 
        include the following: the Architect of the Capitol, the 
        Congressional Budget Office, the General Accounting Office, the 
        Government Printing Office, the Library of Congress, the Office 
        of Technology Assessment, and the United States Botanic Garden, 
        except that--
                    (A) for purposes of sections 1(b) and 4(b)(1), such 
                term shall not include the Library of Congress; and
                    (B) for purposes of section 4(b)(4), and of 
                subsections (a), (b), and (c) of section 2, such term 
                shall not include the Architect of the Capitol.

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