[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 103 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                 S. 103

 To fully apply the rights and protections of Federal civil rights and 
                 labor laws to employment by Congress.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

             January 21 (legislative day), January 5), 1993

Mr. Nickles (for himself, Mrs. Kassebaum, Mr. Packwood, Mr. Brown, Mr. 
  Coats, Mr. Kempthorne, and Mr. Coverdell) introduced the following 
      bill; which was read twice and referred to the Committee on 
                          Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
 To fully apply the rights and protections of Federal civil rights and 
                 labor laws to employment by Congress.

    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 and Presidential 
Accountability Act''.

SEC. 2. APPLICATION TO SENATE.

    (a) Purpose.--Section 301(b) of the Civil Rights Act of 1991 (2 
U.S.C. 1201(b)) is amended by inserting before the period the 
following: ``, and to employment in accordance with provisions 
governing labor-management relations, fair labor standards, and 
occupational safety and health standards''.
    (b) Prohibited Practices.--Section 302 of the Civil Rights Act of 
1991 (2 U.S.C. 1202) is amended--
            (1) in the title, by striking ``discriminatory practices 
        prohibited'' and inserting ``violations'';
            (2) by inserting ``(a) Discriminatory Practices.--'' before 
        ``All personnel''; and
            (3) by adding at the end the following new subsection:
    ``(b) Labor Practices.--The employment of a Senate employee shall 
be made free from acts that--
            ``(1)(A) are unlawful under section 15 of the Fair Labor 
        Standards Act of 1938 (29 U.S.C. 215), unless exempted pursuant 
        to section 13 of such Act (29 U.S.C. 213);
            ``(B) constitute unfair labor practices under section 8 of 
        the National Labor Relations Act (29 U.S.C. 158); or
            ``(C) constitute violations of duties and standards 
        prescribed under section 5 or 6 of the Occupational Safety and 
        Health Act of 1970 (29 U.S.C. 654 or 655); and
            ``(2) are determined, in accordance with section 303(g), to 
        be applicable to Senate employment.''.
    (c) Regulations and Investigations.--Section 303 of the Civil 
Rights Act of 1991 (2 U.S.C. 1203) is amended by adding at the end the 
following new subsections:
    ``(g) Regulations.--
            ``(1) In general.--
                    ``(A) Fair labor standards act of 1938.--The 
                Director shall adopt rules applying the rights and 
                protections of the Fair Labor Standards Act of 1938 to 
                the Senate.
                    ``(B) National labor relations act.--The Director 
                shall adopt rules applying the rights and protections 
                of the National Labor Relations Act to the Senate.
                    ``(C) Occupational safety and health act of 1970.--
                The Assistant Secretary for Occupational Safety and 
                Health shall adopt rules applying the rights and 
                protections of the Occupational Safety and Health Act 
                of 1970 to the Senate.
            ``(2) Initial rules.--
                    ``(A) Fair labor standards act of 1938; national 
                labor relations act.--Not later than 90 days after the 
                date of enactment of this Act, the Director shall 
                adopt--
                            ``(i) rules described in paragraph (1)(A) 
                        that shall be, as nearly as is possible, 
                        identical to the regulations promulgated under 
                        sections 13 and 15 of the Fair Labor Standards 
                        Act of 1938; and
                            ``(ii) rules described in paragraph (1)(B) 
                        that shall be, as nearly as is possible, 
                        identical to the regulations promulgated under 
                        section 8 of the National Labor Relations Act,
                as in effect on the date of enactment of this Act.
                    ``(B) Occupational safety and health act of 1970.--
                Not later than 90 days after the date of enactment of 
                this Act, the Assistant Secretary for Occupational 
                Safety and Health shall adopt rules described in 
                paragraph (1)(C) that shall be, as nearly as is 
                possible, identical to the regulations promulgated 
                under section 5 or 6 of the Occupational Safety and 
                Health Act of 1970, as in effect on the date of 
                enactment of this Act.
            ``(3) Amendments to rules.--Not later than 90 days after 
        the date on which the Secretary of Labor issues any 
        modification to the regulations described in paragraph (2), the 
        Director or the Assistant Secretary for Occupational Safety and 
        Health, as appropriate, shall review the rules adopted under 
        this subsection and shall make appropriate amendments to ensure 
        that the rules shall be, as nearly as is possible, identical to 
        the modified regulations.
            ``(4) Procedure.--The rules adopted under this subsection, 
        and an explanation of any differences between the rules and the 
        corresponding regulations, shall be submitted to the President 
        pro tempore for publication in the Congressional Record. Any 
        amendments to the rules shall be made in the same manner. The 
        Director and the Assistant Secretary for Occupational Safety 
        and Health may consult with the Chairman of the Administrative 
        Conference of the United States on the adoption of rules.
    ``(h) Investigations.--The Director shall have the investigative 
powers--
            ``(1) described in sections 709 and 710 of the Civil Rights 
        Act of 1964 (42 U.S.C. 2000e-8 and 2000e-9) with respect to a 
        violation described in paragraph (1) or (3) of section 302(a);
            ``(2) described in section 7 of the Age Discrimination in 
        Employment Act of 1967 (29 U.S.C. 626) with respect to a 
        violation described in section 302(a)(2);
            ``(3) described in section 11 of the Fair Labor Standards 
        Act of 1938 (29 U.S.C. 211) with respect to a violation 
        described in section 302(b)(1)(A);
            ``(4) described in section 11 of the National Labor 
        Relations Act (29 U.S.C. 161) with respect to a violation 
        described in section 302(b)(1)(B); and
            ``(5) described in sections 8, 9, and 10 of the 
        Occupational Safety and Health Act of 1970 (29 U.S.C. 657, 658, 
        and 659) with respect to a violation described in section 
        302(b)(1)(C),
as applicable.''.
    (d) Remedies.--Section 307(h) of the Civil Rights Act of 1991 (2 
U.S.C. 1207(h)) is amended--
            (1) by striking ``Remedies.--If'' and inserting the 
        following: ``Remedies.--
            ``(1) Discrimination.--If'';
            (2) in the first sentence of paragraph (1) (as so 
        designated in paragraph (1) of this subsection), by inserting 
        ``described in section 302(a)'' after ``determines that a 
        violation'';
            (3) in the second sentence of such paragraph (1), by 
        inserting before the period the following: ``, or such civil 
        penalties or damages as would be appropriate if awarded by the 
        Secretary of Labor under section 7(b) of such Act (29 U.S.C. 
        626(b))''; and
            (4) by striking the last two sentences of paragraph (1) and 
        inserting the following new paragraphs:
            ``(2) Labor practice.--
                    ``(A) Fair labor standards act of 1938.--In the 
                case of a determination that a violation described in 
                section 302(b)(1)(A) has occurred, the hearing board 
                shall order such civil penalties as would be 
                appropriate if awarded by the Secretary of Labor under 
                section 16 of the Fair Labor Standards Act of 1938 (29 
                U.S.C. 216).
                    ``(B) National labor relations act.--In the case of 
                a determination that a violation described in section 
                302(b)(1)(B) has occurred, the hearing board shall 
                order such remedies as would be appropriate if awarded 
                by the National Labor Relations Board under section 10 
                of the National Labor Relations Act (29 U.S.C. 160).
                    ``(C) Occupational safety and health act of 1970.--
                In the case of a determination that a violation 
                described in section 302(b)(1)(C) has occurred, the 
                hearing board shall order such civil penalties as would 
                be appropriate if awarded by the Occupational Safety 
                and Health Review Commission under section 17 of the 
                Occupational Safety and Health Act of 1970 (29 U.S.C. 
                666).
            ``(3) Payments.--Any order requiring the payment of money 
        must be approved by a Senate resolution reported by the 
        Committee on Rules and Administration.''.
    (e) Judicial Review.--Section 309 of the Civil Rights Act of 1991 
(2 U.S.C. 1209) is amended--
            (1) in subsection (a), by striking ``may petition'' and all 
        that follows and insert ``may file a civil action against the 
        head of the employing office of the employee.'';
            (2) by striking subsection (b) and inserting the following:
    ``(b) Procedure.--
            ``(1) Discrimination actions.--
                    ``(A) Filing.--The Senate employee may file a civil 
                action under this section with respect to a violation 
                of section 302(a) not later than 90 days after the 
                entry in the Office of a final decision under section 
                308(d).
                    ``(B) Civil rights act of 1964.--Except as provided 
                in subparagraph (D), the provisions of subsections (f) 
                through (k) of section 706 of the Civil Rights Act of 
                1964, as applicable, shall govern civil actions brought 
                under this section with respect to violations of 
                section 302(a), and the same interest to compensate for 
                delay in payment shall be available as in cases 
                involving nonpublic parties.
                    ``(C) Section 1977 of the revised statutes.--In 
                such an action alleging discrimination or a violation 
                described in paragraph (1) or (2) of subsection (a) of 
                section 1977A of the Revised Statutes (42 U.S.C. 
                1981a), the provisions of such section shall also 
                apply.
                    ``(D) Age discrimination in employment act of 
                1967.--The provisions of section 7 of the Age 
                Discrimination in Employment Act of 1967 (29 U.S.C. 
                626), as applicable, shall govern civil actions brought 
                under this section with respect to violations of 
                section 302(a)(2).
            ``(2) Labor actions.--
                    ``(A) Fair labor standards act of 1938.--The 
                provisions of sections 16 and 17 of the Fair Labor 
                Standards Act of 1938 (29 U.S.C. 216 and 217), as 
                applicable, shall govern civil actions brought under 
                this section with respect to violations of section 
                302(b)(1)(A).
                    ``(B) National labor relations act.--The provisions 
                of sections 10 and 11 of the National Labor Relations 
                Act (29 U.S.C. 160 and 161), as applicable, shall 
                govern civil actions brought under this section with 
                respect to violations of section 302(b)(1)(B).
                    ``(C) Occupational safety and health act of 1970.--
                The provisions of sections 11 and 13 of the 
                Occupational Safety and Health Act of 1970 (29 U.S.C. 
                660 and 662), as applicable, shall govern civil actions 
                brought under this section with respect to violations 
                of section 302(b)(1)(C).'';
            (3) by striking subsection (c);
            (4) by redesignating subsection (d) as subsection (c); and
            (5) in subsection (c) (as so redesignated in paragraph (4) 
        of this subsection)--
                    (A) by inserting ``regarding a violation described 
                in section 302(a)'' after ``proceeding under this 
                section''; and
                    (B) by adding at the end the following new 
                sentence: ``The court may allow such fees in a 
                proceeding regarding a violation described in section 
                302(a)(2) to the same extent that such fees would be 
                allowed in an action involving private parties under 
                the Age Discrimination in Employment Act of 1967.''.
    (f) Other Reviews.--Sections 314 and 317 of the Civil Rights Act of 
1991 (2 U.S.C. 1214 and 1216) are amended by striking 
``discriminatory''.
    (g) Presidential Appointees.--Section 320(a) (2 U.S.C. 1219(a)) is 
amended--
            (1) in paragraph (2), by inserting ``the Department of 
        Labor, the National Labor Relations Board, or the Occupational 
        Safety and Health Review Commission, as appropriate,'' after 
        ``the Equal Employment Opportunity Commission,'' each place the 
        term appears; and
            (2) in paragraph (3)--
                    (A) in subparagraph (A), by striking ``may 
                petition'' and all that follows and insert ``may file a 
                civil action against the head of the unit of the 
                Executive branch in which the employee is employed.'';
                    (B) by striking subparagraph (B) and inserting the 
                following:
                    ``(B) Procedure.--
                            ``(i) Discrimination actions.--
                                    ``(I) Filing.--The employee may 
                                file a civil action under this section 
                                with respect to a violation of section 
                                302(a) not later than 90 days after the 
                                entry of a final order under paragraph 
                                (2).
                                    ``(II) Civil rights act of 1964.--
                                Except as provided in subclause (IV), 
                                the provisions of subsections (f) 
                                through (k) of section 706 of the Civil 
                                Rights Act of 1964, as applicable, 
                                shall govern civil actions brought 
                                under this section with respect to 
                                violations of section 302(a), and the 
                                same interest to compensate for delay 
                                in payment shall be available as in 
                                cases involving nonpublic parties.
                                    ``(III) Section 1977 of the revised 
                                statutes.--In such an action alleging 
                                discrimination or a violation described 
                                in paragraph (1) or (2) of subsection 
                                (a) of section 1977A of the Revised 
                                Statutes (42 U.S.C. 1981a), the 
                                provisions of such section shall also 
                                apply.
                                    ``(IV) Age discrimination in 
                                employment act of 1967.--The provisions 
                                of section 7 of the Age Discrimination 
                                in Employment Act of 1967 (29 U.S.C. 
                                626), as applicable, shall govern civil 
                                actions brought under this section with 
                                respect to violations of section 
                                302(a)(2).
                            ``(ii) Labor actions.--
                                    ``(I) Fair labor standards act of 
                                1938.--The provisions of sections 16 
                                and 17 of the Fair Labor Standards Act 
                                of 1938 (29 U.S.C. 216 and 217), as 
                                applicable, shall govern civil actions 
                                brought under this section with respect 
                                to violations of section 302(b)(1)(A).
                                    ``(II) National labor relations 
                                act.--The provisions of sections 10 and 
                                11 of the National Labor Relations Act 
                                (29 U.S.C. 160 and 161), as applicable, 
                                shall govern civil actions brought 
                                under this section with respect to 
                                violations of section 302(b)(1)(B).
                                    ``(III) Occupational safety and 
                                health act of 1970.--The provisions of 
                                sections 11 and 13 of the Occupational 
                                Safety and Health Act of 1970 (29 
                                U.S.C. 660 and 662), as applicable, 
                                shall govern civil actions brought 
                                under this section with respect to 
                                violations of section 302(b)(1)(C).'';
                    (C) by striking subparagraph (C);
                    (D) by redesignating subparagraph (D) as 
                subparagraph (C); and
                    (E) in subparagraph (C) (as so redesignated in 
                subparagraph (D) of this paragraph)--
                            (i) by inserting ``regarding a violation 
                        described in section 302(a)'' after 
                        ``proceeding under this section''; and
                            (ii) by adding at the end the following new 
                        sentence: ``The court may allow such fees in a 
                        proceeding regarding a violation described in 
                        section 302(a)(2) to the same extent that such 
                        fees would be allowed in an action involving 
                        private parties under the Age Discrimination in 
                        Employment Act of 1967.''.
    (h) State Employees.--Section 321(a) of the Civil Rights Act of 
1991 (2 U.S.C. 1220(a)) is amended by striking ``302 and 307(h)'' and 
inserting ``302(a) and 307(h)(1)''.

SEC. 3. APPLICATION TO HOUSE OF REPRESENTATIVES.

    (a) Coverage.--
            (1) Designation.--Title III of the Civil Rights Act of 1991 
        (2 U.S.C. 1201 et seq.) is amended--
                    (A) by inserting before section 301 (2 U.S.C. 1201) 
                the following:

                ``Subtitle A--Coverage of the Senate'';

                and
                    (B) by adding at the end the following:

       ``Subtitle B--Coverage of the House of Representatives''.

            (2) Fair employment practices.--Clauses 1 through 16 of 
        Rule LI of the Rules of the House of Representatives of the One 
        Hundred Third Congress are transferred to subtitle B of title 
        III of the Civil Rights Act of 1991 (as added by paragraph 
        (1)(B)) and redesignated as sections 331 through 339 and 
        sections 341 through 347, respectively, of such Act.
    (b) Regulations.--Section 331 of the Civil Rights Act of 1991 is 
amended to read as follows:

``SEC. 331. REGULATIONS.

    ``(a) In General.--
            ``(1) Fair labor standards act of 1938.--The head of the 
        Office shall adopt rules applying the rights and protections of 
        the Fair Labor Standards Act of 1938 to the House of 
        Representatives.
            ``(2) National labor relations act.--The head of the Office 
        shall adopt rules applying the rights and protections of the 
        National Labor Relations Act to the House of Representatives.
            ``(3) Occupational safety and health act of 1970.--The 
        Assistant Secretary for Occupational Safety and Health shall 
        adopt rules applying the rights and protections of the 
        Occupational Safety and Health Act of 1970 to the House of 
        Representatives.
    ``(b) Initial Rules.--
            ``(1) Fair labor standards act of 1938; national labor 
        relations act.--Not later than 90 days after the date of 
        enactment of this Act, the head of the Office shall adopt--
                    ``(A) rules described in subsection (a)(1) that 
                shall be, as nearly as is possible, identical to the 
                regulations promulgated under sections 13 and 15 of the 
                Fair Labor Standards Act of 1938; and
                    ``(B) rules described in subsection (a)(2) that 
                shall be, as nearly as is possible, identical to the 
                regulations promulgated under section 8 of the National 
                Labor Relations Act,
        as in effect on the date of enactment of this Act.
            ``(2) Occupational safety and health act of 1970.--Not 
        later than 90 days after the date of enactment of this Act, the 
        Assistant Secretary for Occupational Safety and Health shall 
        adopt rules described in subsection (a)(3) that shall be, as 
        nearly as is possible, identical to the regulations promulgated 
        under section 5 or 6 of the Occupational Safety and Health Act 
        of 1970, as in effect on the date of enactment of this Act.
    ``(c) Amendments to Rules.--Not later than 90 days after the date 
on which the Secretary of Labor issues any modification to the 
regulations described in subsection (b), the head of the Office or the 
Assistant Secretary for Occupational Safety and Health, as appropriate, 
shall review the rules adopted under this section and shall make 
appropriate amendments to ensure that the rules shall be, as nearly as 
is possible, identical to the modified regulations.
    ``(d) Procedure.--The rules adopted under this section, and an 
explanation of any differences between the rules and the corresponding 
regulations, shall be submitted to the Speaker for publication in the 
Congressional Record. Any amendments to the rules shall be made in the 
same manner. The head of the Office and the Assistant Secretary for 
Occupational Safety and Health may consult with the Chairman of the 
Administrative Conference of the United States on the adoption of 
rules.''.
    (c) Prohibited Practices.--Section 332 of the Civil Rights Act of 
1991 is amended--
            (1) in the title, by striking ``nondiscrimination in 
        employment'' and inserting ``violations''; and
            (2) in subsection (a)--
                    (A) by inserting ``(1)'' before ``Personnel 
                actions''; and
                    (B) by adding at the end the following new 
                paragraphs:
    ``(2) The employment of an employee of the House of Representatives 
shall be made free from acts that--
            ``(A)(i) are unlawful under section 15 of the Fair Labor 
        Standards Act of 1938 (29 U.S.C. 215), unless exempted pursuant 
        to section 13 of such Act (29 U.S.C. 213);
            ``(ii) constitute unfair labor practices under section 8 of 
        the National Labor Relations Act (29 U.S.C. 158); or
            ``(iii) constitute violations of duties and standards 
        prescribed under section 5 or 6 of the Occupational Safety and 
        Health Act of 1970 (29 U.S.C. 654 or 655); and
            ``(B) are determined, in accordance with section 331, to be 
        applicable to employment by the House of Representatives.''.
    (d) Investigations.--Section 334 of the Civil Rights Act of 1991 is 
amended--
            (1) by inserting ``(a)'' after ``334.''; and
            (2) by adding at the end the following new subsection:
    ``(b) The Director shall have the investigative powers--
            ``(1) described in sections 709 and 710 of the Civil Rights 
        Act of 1964 (42 U.S.C. 2000e-8 and 2000e-9) with respect to a 
        violation described in section 332(a)(1) (except a violation on 
        the basis of age);
            ``(2) described in section 7 of the Age Discrimination in 
        Employment Act of 1967 (29 U.S.C. 626) with respect to a 
        violation described in section 332(a)(1) on the basis of age;
            ``(3) described in section 11 of the Fair Labor Standards 
        Act of 1938 (29 U.S.C. 211) with respect to a violation 
        described in section 332(a)(2)(A)(i);
            ``(4) described in section 11 of the National Labor 
        Relations Act (29 U.S.C. 161) with respect to a violation 
        described in section 332(a)(2)(A)(ii); and
            ``(5) described in sections 8, 9, and 10 of the 
        Occupational Safety and Health Act of 1970 (29 U.S.C. 657, 658, 
        and 659) with respect to a violation described in section 
        332(a)(2)(A)(iii),
as applicable.''.
    (e) Remedies.--Section 339 of the Civil Rights Act of 1991 is 
amended to read as follows:--

``SEC. 339. REMEDIES.

    ``(a) Civil Rights Violations.--In the case of a determination that 
a violation described in section 332(a)(1) (other than a violation 
based on age) has occurred, the Office or a review panel, as the case 
may be, shall order such remedies as would be appropriate if awarded 
under section 706 (g) and (k) of the Civil Rights Act of 1964 (42 
U.S.C. 2000e-5 (g) and (k)), and may also order the award of such 
compensatory damages as would be appropriate if awarded under section 
1977 and section 1977A (a) and (b)(2) of the Revised Statutes (42 
U.S.C. 1981 and 1981A (a) and (b)(2)). In the case of a determination 
that a violation described in section 332(a)(1) based on age has 
occurred, the Office or review panel shall order such remedies as would 
be appropriate if awarded under section 15(c) of the Age Discrimination 
in Employment Act of 1967 (29 U.S.C. 633a(c)), or such civil penalties 
or damages as would be appropriate if awarded by the Secretary of Labor 
under section 7(b) of such Act (29 U.S.C. 626(b)).
    ``(b) Labor Practices.--
            ``(1) Fair labor standards act of 1938.--In the case of a 
        determination that a violation described in section 
        332(a)(2)(A)(i) has occurred, the Office or review panel shall 
        order such civil penalties as would be appropriate if awarded 
        by the Secretary of Labor under section 16 of the Fair Labor 
        Standards Act of 1938 (29 U.S.C. 216).
    ``(2) National labor relations act.--In the case of a determination 
that a violation described in section 332(a)(2)(A)(ii) has occurred, 
the Office or review panel shall order such remedies as would be 
appropriate if awarded by the National Labor Relations Board under 
section 10 of the National Labor Relations Act (29 U.S.C. 160).
    ``(3) Occupational safety and health act of 1970.--In the case of a 
determination that a violation described in section 332(a)(2)(A)(iii) 
has occurred, the Office or review panel shall order such civil 
penalties as would be appropriate if awarded by the Occupational Safety 
and Health Review Commission under section 17 of the Occupational 
Safety and Health Act of 1970 (29 U.S.C. 666).
    ``(c) Monetary Compensation.--In any case in which the Office or 
review panel orders payment of monetary compensation, it may order the 
payment of such compensation from the clerk-hire allowance of a Member 
of the House of Representatives, or from personnel funds of a committee 
of the House of Representatives or other entity, as appropriate, or 
from the contingent fund of the House of Representatives.''.
    (f) Judicial Review.--Subtitle B of the Civil Rights Act of 1991 is 
amended by inserting after section 339 the following new section:

``SEC. 340. JUDICIAL REVIEW.

    ``(a) In General.--Any employee of the House of Representatives 
aggrieved by a decision entered pursuant to section 337(b) may file a 
civil action against the head of the employing authority of the 
employee.
    ``(b) Procedure.--
            ``(1) Discrimination actions.--
                    ``(A) Filing.--The employee may file a civil action 
                under this section with respect to a violation of 
                section 332(a)(1) not later than 90 days after the 
                entry in the Committee on House Administration of a 
                final decision under section 337(b).
                    ``(B) Civil rights act of 1964.--Except as provided 
                in subparagraph (D), the provisions of subsections (f) 
                through (k) of section 706 of the Civil Rights Act of 
                1964, as applicable, shall govern civil actions brought 
                under this section with respect to violations of 
                section 332(a)(1), and the same interest to compensate 
                for delay in payment shall be available as in cases 
                involving nonpublic parties.
                    ``(C) Section 1977 of the revised statutes.--In 
                such an action alleging discrimination or a violation 
                described in paragraph (1) or (2) of subsection (a) of 
                section 1977A of the Revised Statutes (42 U.S.C. 
                1981a), the provisions of such section shall also 
                apply.
                    ``(D) Age discrimination in employment act of 
                1967.--The provisions of section 7 of the Age 
                Discrimination Act of 1967 (29 U.S.C. 626), as 
                applicable, shall govern civil actions brought under 
                this section with respect to violations of section 
                332(a)(1) brought on the basis of age.
            ``(2) Labor actions.--
                    ``(A) Fair labor standards act of 1938.--The 
                provisions of sections 16 and 17 of the Fair Labor 
                Standards Act of 1938 (29 U.S.C. 216 and 217), as 
                applicable, shall govern civil actions brought under 
                this section with respect to violations of section 
                332(a)(2)(A)(i)
                    ``(B) National labor relations act.--The provisions 
                of sections 10 and 11 of the National Labor Relations 
                Act (29 U.S.C. 160 and 161), as applicable, shall 
                govern civil actions brought under this section with 
                respect to violations of section 332(a)(2)(A)(ii).
                    ``(C) Occupational safety and health act of 1970.--
                The provisions of sections 11 and 13 of the 
                Occupational Safety and Health Act of 1970 (29 U.S.C. 
                660 and 662), as applicable, shall govern civil actions 
                brought under this section with respect to violations 
                of section 332(a)(2)(A)(iii).
    ``(c) Attorney's Fees.--If an employee is the prevailing party in a 
proceeding under this section regarding a violation (other than a 
violation on the basis of age) described in section 332(a)(1), 
attorney's fees may be allowed by the court in accordance with the 
standards prescribed under section 706(k) of the Civil Rights Act of 
1964 (42 U.S.C. 2000e-5(k)). The court may allow such fees in a 
proceeding regarding a violation described in section 332(a)(1) on the 
basis of age to the same extent that such fees would be allowed in an 
action involving private parties under the Age Discrimination in 
Employment Act of 1967.''.
    (g) Technical and Conforming Amendments.--
            (1) Subtitle A of title III of the Civil Rights Act of 1991 
        (2 U.S.C. 1201 et seq.) (as so designated in subsection 
        (a)(1)(A) of this section) is amended by striking ``this 
        title'' each place the term appears and inserting ``this 
        subtitle''.
            (2) Subtitle B of title III of the Civil Rights Act of 1991 
        (as so designated in subsection (a)(1)(B) of this section) is 
        amended--
                    (A) in section 332, by striking ``paragraph (a)'' 
                each place the term appears and inserting ``subsection 
                (a)'';
                    (B) in section 333--
                            (i) by striking ``clause 2'' and inserting 
                        ``section 332'';
                            (ii) in subsection (a), by striking 
                        ``clause 5'' and inserting ``section 335'';
                            (iii) in subsection (b), by striking 
                        ``clause 6'' and inserting ``section 336''; and
                            (iv) in subsection (c), by striking 
                        ``clause 7'' and inserting ``section 337'';
                    (C) in the first sentence of section 335(a)--
                            (i) by striking ``clause 2'' and inserting 
                        ``section 332''; and
                            (ii) by striking ``that clause'' and 
                        inserting ``such section'';
                    (D) in section 336--
                            (i) in subsection (b)--
                                    (I) in paragraph (1), by striking 
                                ``paragraph (a)'' and inserting 
                                ``subsection (a)''; and
                                    (II) in paragraph (2), by striking 
                                ``clause 4'' and inserting ``section 
                                334''; and
                            (ii) in subsection (c), by striking 
                        ``clause 2'' and inserting ``section 332'';
                    (E) in section 337--
                            (i) in subsection (a), by striking ``clause 
                        6'' and inserting ``section 336''; and
                            (ii) in subsection (b)--
                                    (I) by striking ``this clause'' and 
                                inserting ``this section'';
                                    (II) by striking ``clause 6(b)(3)'' 
                                and inserting ``section 336(b)(3)''; 
                                and
                                    (III) by striking ``paragraph (a)'' 
                                and inserting ``subsection (a)'';
                    (F) in section 338--
                            (i) by striking ``clause 6'' each place the 
                        term appears and inserting ``section 336''; and
                            (ii) in paragraph (2), by striking ``clause 
                        7'' and inserting ``section 337'';
                    (G) in section 342, by striking ``clause 2'' and 
                inserting ``section 332''; and
                    (H) in section 343--
                            (i) by striking ``clause 6'' and inserting 
                        ``section 336''; and
                            (ii) by striking ``clause 7'' and inserting 
                        ``section 337''.
            (3) Subtitle B of title III of the Civil Rights Act of 1991 
        (as so redesignated by subsection (a)(1)(B)) is amended in 
        section 334, sections 341 through 344, section 346, and section 
        347, by striking ``this rule'' each place the term appears and 
        inserting ``this subtitle''.
            (4) Section 1977A of the Revised Statutes (42 U.S.C. 1981a) 
        is amended--
                    (A) by striking ``(other than a government, 
                government agency or political subdivision)''; and
                    (B) by adding at the end the following new 
                sentence: ``A complaining party may not recover 
                punitive damages against a government, government 
                agency, or political subdivision except in accordance 
                with title III of the Civil Rights Act of 1991.''.

SEC. 4. INSTRUMENTALITIES OF CONGRESS.

    (a) Application.--Section 117(b)(1) of the Civil Rights Act of 1991 
(2 U.S.C. 60l(b)(1)) is amended by striking ``this title'' and all that 
follows through ``shall'' and inserting ``the provisions specified in 
section 302 of the Civil Rights Act of 1991 shall''.
    (b) Remedies and Procedures.--Section 117(b)(2) of the Civil Rights 
Act of 1991 (2 U.S.C 60l(b)(2)) and section 509(c)(2) of the Americans 
with Disabilities Act of 1990 (42 U.S.C. 12209(c)(2)) are amended by 
inserting after the first sentence the following: ``Such remedies and 
procedures shall be as similar as is practicable to the remedies and 
procedures prescribed for Senate employees and employing offices in 
subtitle A of title III.''.

                                 <all>

S 103 IS----2
S 103 IS----3