[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4597 Introduced in Senate (IS)]

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118th CONGRESS
  2d Session
                                S. 4597

   To provide relief for employees of the Federal Deposit Insurance 
    Corporation who were subjected to discrimination, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 20, 2024

   Mr. Kennedy (for himself, Mr. Cramer, Mr. Daines, and Ms. Ernst) 
introduced the following bill; which was read twice and referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
   To provide relief for employees of the Federal Deposit Insurance 
    Corporation who were subjected to discrimination, 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 ``FDIC Discrimination Relief Act of 
2024''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Applicable time period.--The term ``applicable time 
        period'' means--
                    (A) with respect to covered laws described in 
                subparagraphs (A) through (D) of paragraph (3), the 
                period beginning January 1, 2015, and ending December 
                31, 2023; and
                    (B) with respect to the Pregnant Workers Fairness 
                Act (42 U.S.C. 2000gg et seq.), the period beginning on 
                the effective date of that Act and ending on December 
                31, 2023.
            (2) Covered employee.--The term ``covered employee'' means 
        an individual employed at the Federal Deposit Insurance 
        Corporation for not less than 30 days during the period 
        beginning January 1, 2015, and ending December 31, 2023.
            (3) Covered law.--The term ``covered law'' means:
                    (A) Section 717 of the Civil Rights Act of 1964 (42 
                U.S.C. 2000e-16).
                    (B) Section 15 of the Age Discrimination in 
                Employment Act of 1967 (29 U.S.C. 633a).
                    (C) Section 501 of the Rehabilitation Act of 1973 
                (29 U.S.C. 791).
                    (D) Title II of the Genetic Information 
                Nondiscrimination Act of 2008 (42 U.S.C. 2000ff et 
                seq.).
                    (E) The Pregnant Workers Fairness Act (42 U.S.C. 
                2000gg et seq.).

SEC. 3. ADMINISTRATIVE REMEDIES; STATUTE OF LIMITATIONS.

    (a) Exhaustion of Administrative Remedies Not Required.--
Notwithstanding any other provision of law, a covered employee shall 
not be required to exhaust administrative remedies before bringing a 
civil action under a covered law to obtain appropriate relief for a 
violation of a covered law that occurred during the applicable time 
period.
    (b) Extension of Statute of Limitations.--
            (1) Civil action.--Notwithstanding any other applicable 
        statute of limitations for a covered law, on a date that is not 
        later than 1 year after the date of enactment of this Act, a 
        covered employee may bring a civil action to obtain appropriate 
        relief for a violation of a covered law that occurred during 
        the applicable time period. Subject to subsection (a), the 
        applicable procedures and remedies for a covered law shall 
        apply.
            (2) Administrative remedies.--Notwithstanding any other 
        provision of law, on a date that is not later than 180 days 
        after the date of enactment of this Act, a covered employee may 
        pursue administrative remedies to obtain appropriate relief for 
        a violation of a covered law that occurred during the 
        applicable time period. The statute of limitations for a civil 
        action will be tolled while a covered employee pursues such 
        administrative remedies.

SEC. 4. FEDERAL CIVIL ACTION RELATING TO DISCRIMINATION.

    (a) In General.--A covered employee may bring a civil action in the 
United States District Court for the District of Columbia or a district 
court of the United States of appropriate jurisdiction to obtain 
appropriate relief for a violation of a covered law that occurred 
during the applicable time period. Nothing in this section shall impair 
any party's right to a trial by jury.
    (b) Immunity Limitation.--The United States may not assert any 
claim to immunity in an action by a covered employee to obtain 
appropriate relief for a violation of a covered law that occurred 
during the applicable time period.
    (c) Remedies and Attorney Fees.--In addition to any other remedies 
authorized under an applicable covered law, in any civil action 
commenced pursuant to this Act, the court, in its discretion, may allow 
the prevailing party, other than the United States, a reasonable 
attorney's fee, and the United States shall be liable for the foregoing 
the same as a private individual.
    (d) Res Judicata.--
            (1) In general.--If a covered employee brought a civil 
        action in a district court of the United States for a claim of 
        a violation of a covered law, and a circumstance described in 
        paragraph (2) resulted, that decision on that claim (including 
        any relief awarded) shall be final.
            (2) Applicable circumstances.--A decision on a claim shall 
        be final in accordance with paragraph (1) if the claim--
                    (A) was decided on the merits;
                    (B) was litigated but dismissed for failure to 
                state a claim; or
                    (C) would be barred due to an out of court 
                settlement relating to that claim.
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