[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 404 Reported in Senate (RS)]

                                                       Calendar No. 250

103d CONGRESS

  1st Session

                                 S. 404

                          [Report No. 103-167]

_______________________________________________________________________

                                 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 discrimination claims made by 
               Federal employees, and for other purposes.

_______________________________________________________________________

             October 27 (legislative day, October 13), 1993

                        Reported with amendments





                                                       Calendar No. 250
103d CONGRESS
  1st Session
                                 S. 404

                          [Report No. 103-167]

    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 discrimination claims made by 
               Federal employees, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

             February 18 (legislative day, January 5), 1993

   Mr. Glenn (for himself, Ms. Mikulski, Mr. Stevens, Mr. Simon, Mr. 
   DeConcini, Mr. Wofford, Mr. Akaka, Mr. Feingold, Mr. Conrad, Mr. 
 McCain, Ms. Moseley-Braun, Mr. Lieberman, Mr. Levin, and Mrs. Boxer) 
introduced the following bill; which was read twice and referred to the 
                   Committee on Governmental Affairs

             October 27 (legislative day, October 13), 1993

                 Reported by Mr. Glenn, with amendments
  [Omit the part struck through and insert the part printed in italic]

_______________________________________________________________________

                                 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 discrimination 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 
1993''.

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 `Commission' means the Equal Employment Opportunity 
Commission.
    ``(p) The term `entity of the Federal Government' means an entity 
to which section 717(a) applies (including an entity to which an 
individual may be appointed under chapter 74 of title 38, United States 
Code), except that such term does not include the Library of Congress.
    ``(q) The term `Federal employee' -m-e-a-n-s -a-n 
-i-n-d-i-v-i-d-u-a-l -e-m-p-l-o-y-e-d -b-y-, -o-r -w-h-o -a-p-p-l-i-e-s 
-f-o-r -e-m-p-l-o-y-m-e-n-t -w-i-t-h-, -a-n -e-n-t-i-t-y -o-f -t-h-e 
-F-e-d-e-r-a-l -G-o-v-e-r-n-m-e-n-t means--
            ``(1) an individual employed by an entity of the Federal 
        Government, including an individual appointed to a position 
        under chapter 74 of title 38, United States Code; and
            ``(2) an individual who applies for employment with such an 
        entity, including an individual who applies for such an 
        appointment.
    ``(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) in the second sentence, by redesignating 
                paragraphs (1) through (3) as subparagraphs (A) through 
                (C), respectively;
                    (B) in the fourth sentence, by redesignating 
                paragraphs (1) and (2) as subparagraphs (A) and (B), 
                respectively;
                    (C) by designating the first through fifth 
                sentences as paragraphs (1), (2), (4), (5), and (6), 
                respectively, and indenting accordingly;
                    (D) in paragraph (2) (as designated by subparagraph 
                (C) of this paragraph)--
                            (i) in subparagraph (B) (as redesignated by 
                        subparagraph (A) of this paragraph) by striking 
                        ``and'' at the end;
                            (ii) in subparagraph (C) (as redesignated 
                        by subparagraph (A) of this paragraph) by 
                        striking the period and inserting ``; and''; 
                        and
                            (iii) by adding after subparagraph (C) the 
                        following:
            ``(D) require each entity of the Federal Government--
                    ``(i)(I) to make counseling available to a Federal 
                employee who chooses to notify such entity that the 
                employee believes such entity has discriminated against 
                the employee in violation of subsection (a), for the 
                purpose of trying to resolve the matters with respect 
                to which such discrimination is alleged;
                    ``(II) to assist such employee in identifying the 
                respondent required by subsection (c)(1) to be named in 
                a complaint alleging such violation;
                    ``(III) to inform such employee individually of the 
                procedures and deadlines that apply under this section 
                to a claim alleging such discrimination; and
                    ``(IV) to make such counseling available throughout 
                the administrative process;
                    ``(ii) to establish a voluntary alternative dispute 
                resolution process, as described in subsection (e)(1), 
                to resolve complaints;
                    ``(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 such counseling or dispute resolution 
                process.''; and
                    (E) by inserting after paragraph (2) (as designated 
                by subparagraph (C) of this paragraph) the following:
    ``(3) The decision of a Federal employee to forgo such counseling 
or dispute resolution process shall not affect the rights of such 
employee under this title.'';
            (2) by striking subsection (c);
            (3) in subsection (d)--
                    (A) by striking ``(k)'' and inserting ``(j)'';
                    (B) by striking ``brought hereunder'' and inserting 
                ``commenced under this section''; and
                    (C) by striking ``, and the same'' and all that 
                follows and inserting a period and the following: ``The 
                head of the department, agency, or other entity of the 
                Federal Government in which discrimination in violation 
                of subsection (a) is alleged to have occurred shall be 
                the defendant in a civil action alleging such 
                violation. In any action or proceeding under this 
                section, the court, in the discretion of the court, may 
                allow the prevailing party (other than an entity of the 
                Federal Government) a reasonable attorney's fee 
                (including expert fees and other litigation expenses), 
                costs, and the same interest to compensate for delay in 
                payment as a court has authority to award under section 
                706(k).'';
            (4) by redesignating subsections (d) and (e) as subsections 
        (m) and (n), respectively;
            (5) by inserting after subsection (b) the following:
    ``(c)(1)(A) Except as provided in subparagraph (B), a complaint 
filed by or on behalf of a Federal employee or a class of Federal 
employees and alleging a claim of discrimination arising under 
subsection (a) or paragraph (4) shall--
            ``(i) name as the respondent the head of the department, 
        agency, or other entity of the Federal Government in which such 
        discrimination is alleged to have occurred (referred to in this 
        section as the `respondent'); and
            ``(ii) be filed with the respondent, or with the 
        Commission, not later than 180 days after the alleged 
        discrimination occurs.
    ``(B) A complaint described in subparagraph (A) shall be considered 
to be filed in compliance with subparagraph (A), if not later than 180 
days after the alleged discrimination occurs, the complaint is filed--
            ``(i) with such department, agency, or entity; or
            ``(ii) if the complaint does not arise out of a dispute 
        with an agency within the intelligence community, as defined by 
        Executive order, with any other entity of the Federal 
        Government, regardless of the respondent named.
    ``(2) If the complaint is filed with an entity of the Federal 
Government other than the department, agency, or entity in which such 
discrimination is alleged to have occurred--
            ``(A) the entity (other than the Commission) with whom the 
        complaint is filed shall transmit the complaint to the 
        Commission, not later than 15 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 respondent.
    ``(3)(A) Not later than 3 days after the respondent receives the 
complaint from a source other than the Commission, the respondent shall 
notify the Commission that the respondent has received the complaint 
and shall inform the Commission of the identity of the Federal employee 
aggrieved by the discrimination alleged in the complaint.
    ``(B) Not later than 10 days after the respondent or the Merit 
Systems Protection Board receives the complaint from a source other 
than the Commission, the respondent or the Board shall transmit to the 
Commission a copy of the complaint.
    ``(4)(A) No person shall, by reason of the fact that a Federal 
employee or an authorized representative of Federal employees has 
filed, instituted, or caused to be filed or instituted any proceeding 
under this section, or has testified or is about to testify in any 
proceeding resulting from the administration or enforcement of this 
section--
            ``(i) discharge the employee or representative;
            ``(ii) discriminate against the employee or representative 
        in administering a performance-rating plan under chapter 43 of 
        title 5, United States Code;
            ``(iii) in any other way discriminate against the employee 
        or representative; or
            ``(iv) cause another person to take an action described in 
        clause (i), (ii), or (iii).
    ``(B) Any Federal employee or representative of Federal employees 
who believes that the employee or representative has been discharged or 
otherwise discriminated against by any person in violation of 
subparagraph (A), may file a complaint in accordance with paragraph 
(1).
    ``(d)(1) 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 not less than the 
documents and information that comply with rules issued by the 
Commission.
    ``(2) If the complaint alleges that a person has--
            ``(A) participated in the discrimination that is the basis 
        for the complaint; or
            ``(B) at the time of the discrimination--
                    ``(i) was a supervisor of the Federal employee 
                subject to the discrimination;
                    ``(ii) was aware of the discrimination; and
                    ``(iii) failed to make reasonable efforts to 
                curtail or mitigate the discrimination,
the respondent shall ensure that the person shall not be designated to 
carry out the requirements of paragraph (1), or to conduct any 
investigation related to the complaint.
    ``(e)(1)(A) The respondent shall make reasonable efforts to 
conciliate each claim alleged in the complaint through alternative 
dispute resolution procedures during--
            ``(i) the 30-day period; or
            ``(ii) with the written consent of the aggrieved Federal 
        employee, the 60-day period,
 beginning on the date the respondent receives the complaint.
    ``(B) Alternative dispute resolution under this paragraph may 
include a conciliator described in subparagraph (C), the respondent, 
and the aggrieved Federal employee in a process involving meetings with 
the parties separately or jointly for the purposes of resolving the 
dispute between the parties.
    ``(C) A conciliator shall be appointed by the Commission to 
consider each complaint filed under this section. The Commission shall 
appoint a conciliator after considering any candidate who is 
recommended to the Director by the Federal Mediation and Conciliation 
Service, the Administrative Conference of the United States, or 
organizations composed primarily of individuals experienced in 
adjudicating or arbitrating personnel matters.
    ``(2) Before the expiration of the applicable period specified in 
paragraph (1)(A) and with respect to such claim, the respondent shall--
            ``(A) enter into a settlement agreement with such Federal 
        employee; or
            ``(B) give formal written notice to such Federal employee 
        that such Federal employee may, before the expiration of the 
        90-day period beginning on the date such Federal employee 
        receives such notice, either--
                    ``(i) file with the Commission--
                            ``(I) a written request for a determination 
                        of such claim under subsection (f) by an 
                        administrative judge of the Commission;
                            ``(II) if such claim 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
                            ``(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
                    ``(ii) commence a civil action in an appropriate 
                district court of the United States for de novo review 
                of such claim.
    ``(3) Such Federal employee may file a written request described in 
paragraph (2)(B)(i), or commence a civil action described in paragraph 
(2)(B)(ii), at any time--
            ``(A) after the expiration of the applicable period 
        specified in paragraph (1)(A); and
            ``(B) before the expiration of the 90-day period specified 
        in paragraph (2).
    ``(f)(1)(A) If such Federal employee files a written request under 
subsection (e)(2)(B)(i)(I) and in accordance with subsection (e)(3) 
with the Commission for a determination under this subsection of the 
claim described in subsection (a), the Commission shall transmit a copy 
of such request to the respondent and shall appoint an administrative 
judge of the Commission to determine such claim.
    ``(B) If such Federal employee files a written request under 
subclause (II) or (III) of subsection (e)(2)(B)(i) and in accordance 
with section (e)(3), the Commission shall transmit, not later than 10 
days after receipt of such request, the request to the appropriate 
agency for determination.
    ``(2) Immediately after receiving a copy of a request under 
subsection (e)(2)(B)(i), the respondent shall transmit a copy of all 
documents and information collected by the respondent under subsection 
(d) with respect to such claim--
            ``(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 under the procedures specified in 
        section 7702(a)(2)(A) of title 5, United States Code.
    ``(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 calendar 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 calendar day (excluding Saturday, Sunday, 
        and any legal public holiday) following the date on which such 
        stay is requested.
    ``(B) The administrative judge may request any member of the 
Commission to extend, for a period not to exceed 30 calendar days, a 
stay issued under 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) Members of the Commission shall have authority to issue and 
extend a stay for the periods referred to in subparagraphs (A) and (B), 
respectively. The Commission shall have authority to extend a stay in 
accordance with subparagraph (C) for any period.
    ``(E) The respondent shall comply with a stay in effect under this 
paragraph.
    ``(4)(A) The administrative judge shall determine whether the 
documents and information received under paragraph (2) comply with 
subsection (d) and are complete and accurate.
    ``(B) 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--
            ``(i) to obtain any additional documents and information 
        necessary to comply with such subsection; and
            ``(ii) 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 review 
        of such order; or
            ``(II) commence a civil action in an appropriate district 
        court of the United States for de novo review of such claim or 
        such complaint.
    ``(ii) Such Federal employee may commence such civil action in the 
90-day period specified in clause (i).
    ``(6)(A)(i) If the complaint is not dismissed under paragraph 
(5)(A), the administrative judge shall make a determination, after an 
opportunity for a hearing, on the merits of each claim that is not 
dismissed under such paragraph. The administrative judge shall make a 
determination on the merits of any other nonfrivolous claim under this 
section, 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) In making the determination required by clause (i), the 
administrative judge shall--
            ``(I) decide whether the aggrieved Federal employee was the 
        subject of unlawful intentional discrimination in a department, 
        agency, or other entity of the Federal Government under this 
        title, section 102 of the Americans with Disabilities Act of 
        1990, section 501 of the Rehabilitation Act of 1973, section 4 
        of the Age Discrimination in Employment Act of 1967, or the 
        Equal Pay Act of 1963;
            ``(II) if the employee was the subject of such 
        discrimination, contemporaneously identify the person who 
        engaged in such discrimination; and
            ``(III) notify the person identified in subclause (II) of 
        the complaint and the allegations raised in the complaint.
    ``(iii) As soon as practicable, 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, describe persons 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 
determined to be 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 fails to respond, the 
administrative judge may, in appropriate circumstances--
            ``(i) draw an adverse inference that the requested 
        information, or the testimony of the requested witness, would 
        have reflected unfavorably on the party who 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 
        fails to respond;
            ``(iv) grant full or partial relief to the aggrieved 
        Federal employee; or
            ``(v) take such other action as 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, but--
                    ``(I) exclude irrelevant or unduly repetitious 
                information; and
                    ``(II) not apply the Federal Rules of Evidence 
                strictly;
            ``(iii) permit all parties to examine and cross-examine 
        witnesses;
            ``(iv) require that testimony be given under oath or 
        affirmation; and
            ``(v) permit the person notified in subparagraph 
        (A)(ii)(III) to appear at the hearing--
                    ``(I) in person; or
                    ``(II) by or with counsel or another duly qualified 
                representative.
    ``(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 affirmation;
            ``(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--
                    ``(I) may be compelled only to attend any place--
                            ``(aa) less than 100 miles from the place 
                        where such witness resides, is employed, 
                        transacts business in person, or is served; or
                            ``(bb) at such other convenient place as is 
                        fixed by the administrative judge; and
                    ``(II) 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;
            ``(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 any and all relief of a kind described in 
        subsections (g) and (k) of section 706.
    ``(G) The administrative judge and Commission shall have authority 
to award a reasonable attorney's fee (including expert fees and other 
litigation expenses), costs, and the same interest to compensate for 
delay in payment as a court has authority to award under section 
706(k).
    ``(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), 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)(i) The administrative judge shall issue a written order 
making the determination required by paragraph (6)(A), and granting or 
denying relief.
    ``(ii) The order shall not be reviewable by the respondent, and the 
respondent shall have no authority to modify or vacate the order.
    ``(iii) Except as provided in clause (iv) or subparagraph (B), the 
administrative judge shall issue the order not later than--
            ``(I) 210 days after the complaint containing such claim is 
        filed on behalf of a Federal employee; or
            ``(II) 270 days after the complaint containing such claim 
        is filed on behalf of a class of Federal employees.
    ``(iv) The time periods described in clause (i) shall not begin 
running until 30 days after the administrative judge is assigned to the 
case if the administrative judge certifies, in writing, that such 30-
day period is needed to secure additional 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) If the aggrieved Federal employee shows that such extension 
would prejudice a claim of, or otherwise harm, such Federal employee, 
the Commission--
            ``(i) may not grant such extension; or
            ``(ii) shall terminate such extension.
    ``(E) In addition to findings of fact and conclusions of law, 
including findings and conclusions pertaining specifically to the 
decision and identification described in paragraph (6)(A)(ii), 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 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 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) The determination made, and relief granted, in such order 
with respect to a particular claim shall be enforceable immediately, if 
such order applies to more than one claim and if such employee does 
not--
            ``(i) commence a civil action in accordance with 
        subparagraph (E)(i) with respect to the claim; or
            ``(ii) request review in accordance with subparagraph 
        (E)(ii) with respect to the claim.
    ``(g)(1) If a party timely files a written request in accordance 
with subsection (f)(5)(B)(i) or (f)(7)(E)(ii) with the Commission for 
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 applicable 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. 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, 
including findings and conclusions pertaining specifically to the 
decision and identification described in subsection (f)(6)(A)(ii), the 
Commission shall include in the order of the Commission 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), an aggrieved Federal employee may commence a 
civil action in an appropriate district court of the United States for 
de novo review of a claim--
            ``(A) during the period beginning 300 days after the 
        Federal employee timely requests an administrative 
        determination under subsection (f) with respect to such claim 
        and ending on the date the administrative judge issues an order 
        under such subsection with respect to such claim; and
            ``(B) during the period beginning 180 days after such 
        Federal employee timely requests 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.
    ``(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 timely filed of such claim 
                under subsection (g)(1) for review of such claim by the 
                Commission; and
                    ``(B) a civil action is not timely commenced under 
                subsection (f)(7)(F) 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, 
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 or retaliation is alleged under this section shall 
grant the aggrieved Federal employee a reasonable amount of official 
time, in accordance with regulations issued by the Commission, to 
prepare an administrative complaint based on such allegation and to 
participate in administrative proceedings relating to such claim.
    ``(2) An entity of the Federal Government against which a claim of 
discrimination is alleged in a complaint filed in a civil action under 
this section shall grant the aggrieved Federal employee paid leave for 
time reasonably expended to prepare for, and participate in, such civil 
action. Such leave shall be granted in accordance with regulations 
issued by the Commission, except that such leave shall include 
reasonable time for--
            ``(A) attendance at depositions;
            ``(B) meetings with counsel;
            ``(C) other ordinary and legitimate undertakings in such 
        civil action, that require the presence of such Federal 
        employee; and
            ``(D) attendance at such civil action.
    ``(3) If the administrative judge or the Commission (as the case 
may be), makes or affirms a determination of intentional unlawful 
discrimination as described in subsection (f)(6)(A), the administrative 
judge or Commission, respectively, shall, not later than 30 days after 
issuing the order described in subsection (f)(7) or (g)(3), as 
appropriate, submit to the Special Counsel the order and a copy of the 
record compiled at any hearing on which the order is based.
    ``(4)(A) On receipt of the submission described in paragraph (3), 
the Special Counsel shall conduct an investigation in accordance with 
section 1214 of title 5, United States Code, and may initiate 
disciplinary proceedings against any person identified in a 
determination described in subsection (f)(6)(A)(ii)(II), if the Special 
Counsel finds that the requirements of section 1215 of title 5, United 
States Code, have been satisfied.
    ``(B) The Special Counsel shall conduct such proceedings in 
accordance with such section, and shall accord to the person described 
in subparagraph (A) the rights available to the person under such 
section, including applicable due process rights.
    ``(C) The Special Counsel shall impose appropriate sanctions on 
such person.
    ``(l) This section, as in effect immediately before the effective 
date of the Federal Employee Fairness Act of 1993, shall apply with 
respect to employment in the Library of Congress.''; and
            (6) by adding at the end the following new subsections:
    ``(o)(1) Each respondent that is the subject of a complaint that 
has not been resolved under this section, or that has been resolved 
under this section within the most recent calendar year, shall prepare 
a report. The report shall contain information regarding the complaint, 
including the resolution of the complaint if applicable, and the 
measures taken by the respondent to lower the average number of days 
necessary to resolve such complaints.
    ``(2) Not later than October 1 of each year, the respondent shall 
submit to the Commission the report described in paragraph (1).
    ``(3) Not later than December 1 of each year, the Commission shall 
submit to the appropriate committees of the House of Representatives 
and of the Senate a report summarizing the information contained in the 
reports submitted in accordance with paragraph (2).
    ``(p)(1) The 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 promulgate regulations to ensure the protection 
of classified information and national security information in 
administrative proceedings under this section. Such regulations shall 
provide, among other things, that complaints under this section that 
bear upon classified information shall be handled only by such 
administrative judges, Commission personnel, and conciliators as have 
been granted appropriate security clearances.
    ``(2) For the purposes of paragraph (1), the term `classified 
information' has the meaning given the term in section 606(1) of the 
National Security Act of 1947 (50 U.S.C. 426(1)).''.

SEC. 3. AMENDMENTS TO THE AGE DISCRIMINATION IN EMPLOYMENT ACT.

    (a) Enforcement by EEOC.--Section 15 of the Age Discrimination in 
Employment Act of 1967 (29 U.S.C. 633a) is amended--
            (1) by striking subsections (c) and (d); and
            (2) by inserting after subsection (b) the following:
    ``(c)(1) Any individual aggrieved by a violation of subsection (a) 
may file a complaint with the Equal Employment Opportunity Commission 
in accordance with subsections (c) through (m), and subsections (o) and 
(p), of section 717 of the Civil Rights Act of 1964.
    ``(2) Except as provided in subsection (d) and paragraph (3), such 
subsections of 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.
    ``(3) The Equal Employment Opportunity Commission, and the 
administrative judges of the Commission, shall have authority to award 
such legal or equitable relief as will effectuate the purposes of this 
Act to an individual described in paragraph (1) with respect to a 
complaint filed under this subsection.
    ``(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 in an appropriate district court of the United 
States for de novo review of such violation--
            ``(A) not less than 30 days after filing with the Equal 
        Employment Opportunity Commission a notice of intent to 
        commence such action; and
            ``(B) not more than 2 years after the alleged violation of 
        this section occurs.
    ``(2) On receiving such notice, the Equal Employment Opportunity 
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) Except as provided in paragraph (4), section 717(m) of the 
Civil Rights Act of 1964 (as redesignated by section 2 of the Federal 
Employee Fairness Act of 1993) 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.
    ``(4) The court described in paragraph (1) shall have authority to 
award such legal or equitable relief as will effectuate the purposes of 
this Act to an individual described in paragraph (1) in an action 
commenced under this subsection.''.
    (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) 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, 1993, the individual who filed such 
complaint may commence a civil action under such section not later than 
June 30, 1994.

SEC. 4. AMENDMENTS TO TITLE 5, 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 and second sentences by striking 
                ``An'' and inserting ``Except as provided in paragraph 
                (2), an''; and
                    (C) in the last sentence by striking ``Selection'' 
                and all that follows through ``any other'' and 
                inserting the following:
    ``(3) An employee may commence, not later than 120 days after a 
final decision, a civil action in an appropriate district court of the 
United States for de novo review of a''; and
                    (D) by inserting after the second sentence the 
                following:
    ``(2) Matters covered under section 7702 of this title, or under a 
law administered by the Equal Employment Opportunity Commission, may be 
raised under the negotiated grievance procedure in accordance with this 
section only if an employee elects under subclause (II) or (III) of 
section 717(e)(2)(B)(i) of the Civil Rights Act of 1964 to proceed 
under this section.''.
    (b) Actions Involving Discrimination.--Section 7702 of title 5, 
United States Code, is amended to read as follows:
``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 an action which the employee or 
        applicant may appeal to the Merit System Protection Board; 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. 2000e-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 and 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)(1) Except as provided in paragraph (2), the employee shall 
have 90 days in which to raise the action under the procedures 
specified in subparagraph (A) or (B) of subsection (a)(2), if--
            ``(A) an employee elects the procedures specified in 
        subsection (a)(2)(C); and
            ``(B) 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.
    ``(2) No allegation of a kind described in subsection (a)(1)(B) may 
be raised under this subsection.
    ``(c) If at any time after the 120th day following an election made 
under section 717(e)(2)(B)(i) of the Civil Rights Act of 1964 to raise 
an action under the procedures specified in subsection (a)(2)(A) of 
this section 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.''.

SEC. 5. ISSUANCE OF PROCEDURAL GUIDELINES AND NOTICE RULES.

    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 in 
        complying with section 717(d) of the Civil Rights Act of 1964, 
        as added by section 2 of this Act, and
            (2) rules establishing--
                    (A) a uniform written official notice to be used to 
                comply with section 717 of such Act, as added by 
                section 2 of this Act; and
                    (B) requirements applicable to collecting and 
                preserving documents and information under section 
                717(d), as added by section 2 of this Act.

SEC. 6. TECHNICAL AMENDMENTS.

    (a) Civil Rights Act of 1964.--Subsections (b) and (c) of section 
717 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-16 (b) and (c)) 
are amended by striking ``Civil Service Commission'' each place it 
appears and inserting ``Commission''.
    (b) Civil Rights Act of 1991.--The second sentence of section 
307(h) of the Civil Rights Act of 1991 (2 U.S.C. 1207(h)) is amended by 
striking ``section 15(c)'' and all that follows and inserting ``section 
15(d)(4) of the Age Discrimination in Employment Act of 1967 (29 U.S.C. 
633a(d)(4)).''.

SEC. 7. EFFECTIVE DATE; APPLICATION OF AMENDMENTS.

    (a) Effective Date.--Except as provided in subsection (b), this Act 
and the amendments made by this Act shall take effect on January 1, 
1994.
    (b) Application of Amendments.--The amendments made by this Act 
(other than sections 3 and 4) 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.
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