[Congressional Record Volume 155, Number 9 (Thursday, January 15, 2009)]
[Senate]
[Pages S628-S629]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 23. Mr. BINGAMAN (for himself and Ms. Murkowski) proposed an 
amendment to the bill S. 22, to designate certain land as components of 
the National Wilderness Preservation System, to authorize certain 
programs and activities in the Department of the Interior and the 
Department of Agriculture, and for other purposes; as follows:

       On page 976, strike lines 8 through 25.
       On page 977, line 1, strike ``(6)'' and insert ``(5)''.
       On page 977, line 3, insert ``and'' after 
     ``interactions;''.
       On page 977, line 4, strike ``(7)'' and insert ``(6)''.
       On page 977, line 5, strike ``(6)'' and insert ``(5)''.
       On page 977, line 8, strike ``scales;'' and insert 
     ``scales.''.
       On page 977, strike lines 9 through 17.
       On page 1275, strike lines 3 through 6.
                                 ______
                                 
  SA 24. Mr. BINGAMAN (for himself and Ms. Murkowski) proposed an 
amendment to the bill S. 22, to designate certain land as components of 
the National Wilderness Preservation System, to authorize certain 
programs and activities in the Department of the Interior and the 
Department of Agriculture, and for other purposes; as follows:

       Beginning on page 305, strike line 9 and all that follows 
     through page 349, line 21.
       On page 526, line 2, strike ``2'' and insert ``5''.
       On page 526, line 7, strike ``5'' and insert ``2''.
       On page 974, line 19, insert ``the Secretary of the Army, 
     acting through'' before ``the Chief''.
       On page 1188, line 19, strike ``or'' and insert ``of''.
       Beginning on page 1271, strike line 3 and all that follows 
     through page 1273, line 22, and insert the following:
         Section 107(a)
                                 ______
                                 
  SA 25. Mrs. HUTCHISON (for herself, Mr. Martinez, Mr. Grassley, Mr. 
Cornyn, Mr. Alexander, Mr. Voinovich, Mr. Enzi, Mr. Thune, Ms. 
Murkowski, Mr. Burr, and Mr. Corker) proposed an amendment to the bill 
S. 181, to amend title VII of the Civil Rights Act of 1964 and the Age 
Discrimination in Employment Act of 1967, and to modify the operation 
of the Americans with Disabilities Act of 1990 and the Rehabilitation 
Act of 1973, to clarify that a discriminatory compensation decision or 
other practice that is unlawful under such Acts occurs each time 
compensation is paid pursuant to the discriminatory compensation 
decision or other practice, and for other purposes; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Title VII Fairness Act''.

     SEC. 2. FINDINGS.

       Congress finds the following:
       (1) Filing limitations periods serve important functions. 
     They ensure that all claims are promptly raised and 
     investigated, and, when remediation is warranted, that the 
     violations involved are promptly remediated.
       (2) Limitations periods are particularly important in 
     employment situations, where unresolved grievances have a 
     singularly corrosive and disruptive effect.
       (3) Limitations periods are also particularly important for 
     a statutory process that favors the voluntary resolution of 
     claims through mediation and conciliation. Promptly raised 
     issues are invariably more susceptible to such forms of 
     voluntary resolution.
       (4) In instances in which that voluntary resolution is not 
     possible, a limitations period ensures that claims will be 
     adjudicated on the basis of evidence that is available, 
     reliable, and from a date that is proximate in time to the 
     adjudication.
       (5) Limitations periods, however, should not be construed 
     to foreclose the filing of a claim by a reasonable person who 
     exercises

[[Page S629]]

     due diligence regarding the person's rights but who did not 
     have, and should not have been expected to have, a reasonable 
     suspicion that the person was the object of unlawful 
     discrimination. Such a person should be afforded the full 
     applicable limitation period to commence a claim from the 
     time the person has, or should be expected to have, a 
     reasonable suspicion of discrimination.

     SEC. 3. FILING PERIOD FOR CHARGES ALLEGING UNLAWFUL 
                   EMPLOYMENT PRACTICES.

       Section 706(e) of the Civil Rights Act of 1964 (42 U.S.C. 
     2000e-5(e)) is amended by adding at the end the following:
       ``(3)(A) This paragraph shall apply to a charge if--
       ``(i) the charge alleges an unlawful employment practice 
     involving discrimination in violation of this title; and
       ``(ii) the person aggrieved demonstrates that the person 
     did not have, and should not have been expected to have, 
     enough information to support a reasonable suspicion of such 
     discrimination, on the date on which the alleged unlawful 
     employment practice occurred.
       ``(B) In the case of such a charge, the applicable 180-day 
     or 300-day filing period described in paragraph (1) shall 
     commence on the date when the person aggrieved has, or should 
     be expected to have, enough information to support a 
     reasonable suspicion of such discrimination.
       ``(C) Nothing in this paragraph shall be construed to 
     change or modify the provisions of subsection (g)(1).
       ``(D) Nothing in this paragraph shall be construed to apply 
     to a charge alleging an unlawful employment practice relating 
     to the provision of a pension or a pension benefit.''.

     SEC. 4. FILING PERIOD FOR CHARGES ALLEGING UNLAWFUL PRACTICES 
                   BASED ON AGE.

       Section 7(d) of the Age Discrimination in Employment Act of 
     1967 (29 U.S.C. 626(d)) is amended--
       (1) by redesignating paragraphs (1) and (2) as 
     subparagraphs (A) and (B), respectively;
       (2) by striking ``(d)'' and inserting ``(d)(1)'';
       (3) in the third sentence, by striking ``Upon'' and 
     inserting the following:
       ``(2) Upon''; and
       (4) by adding at the end the following:
       ``(3)(A) This paragraph shall apply to a charge if--
       ``(i) the charge alleges an unlawful practice involving 
     discrimination in violation of this Act; and
       ``(ii) the person aggrieved demonstrates that the person 
     did not have, and should not have been expected to have, 
     enough information to support a reasonable suspicion of such 
     discrimination, on the date on which the alleged unlawful 
     practice occurred.
       ``(B) In the case of such a charge, the applicable 180-day 
     or 300-day filing period described in paragraph (1) shall 
     commence on the date when the person aggrieved has, or should 
     be expected to have, enough information to support a 
     reasonable suspicion of such discrimination.
       ``(C) Nothing in this paragraph shall be construed to 
     change or modify any remedial provision of this Act.
       ``(D) Nothing in this paragraph shall be construed to apply 
     to a charge alleging an unlawful practice relating to the 
     provision of a pension or a pension benefit.''.

     SEC. 5. APPLICATION TO OTHER LAWS.

       (a) Americans With Disabilities Act of 1990.--Section 
     706(e)(3) of the Civil Rights Act of 1964 (42 U.S.C. 2000e-
     5(e)(3)) shall apply (in the same manner as such section 
     applies to a charge described in subparagraph (A)(i) of such 
     section) to claims of discrimination brought under title I 
     and section 503 of the Americans with Disabilities Act of 
     1990 (42 U.S.C. 12111 et seq., 12203), pursuant to section 
     107(a) of such Act (42 U.S.C. 12117(a)), which adopts the 
     powers, remedies, and procedures set forth in section 706 of 
     the Civil Rights Act of 1964 (42 U.S.C. 2000e-5).
       (b) Conforming Amendments.--
       (1) Civil rights act of 1964.--Section 717 of the Civil 
     Rights Act of 1964 (42 U.S.C. 2000e-16) is amended by adding 
     at the end the following:
       ``(f)(1) Subject to paragraph (2), section 706(e)(3) shall 
     apply (in the same manner as such section applies to a charge 
     described in subparagraph (A)(i) of such section) to 
     complaints of discrimination under this section.
       ``(2) For purposes of applying section 706(e)(3) to a 
     complaint under this section, a reference in section 
     706(e)(3)(B) to a filing period shall be considered to be a 
     reference to the applicable filing period under this 
     section.''.
       (2) Age discrimination in employment act of 1967.--
       (A) In general.--Section 15(f) of the Age Discrimination in 
     Employment Act of 1967 (29 U.S.C. 633a(f)) is amended by 
     striking ``of section'' and inserting ``of sections 7(d)(3) 
     and''.
       (B) Application.--For purposes of applying section 7(d)(3) 
     of the Age Discrimination in Employment Act of 1967 (29 
     U.S.C. 626(d)(3)) to a complaint under section 15 of that Act 
     (29 U.S.C. 633a), a reference in section 7(d)(3)(B) of that 
     Act to a filing period shall be considered to be a reference 
     to the applicable filing period under section 15 of that Act.
                                 ______
                                 
  SA 26. Mr. SPECTER submitted an amendment intended to be proposed by 
him to the bill S. 181, to amend title VII of the Civil Rights Act of 
1964 and the Age Discrimination in Employment Act of 1967, and to 
modify the operation of the Americans with Disabilities Act of 1990 and 
the Rehabilitation Act of 1973, to clarify that a discriminatory 
compensation decision or other practice that is unlawful under such 
Acts occurs each time compensation is paid pursuant to the 
discriminatory compensation decision or other practice, and for other 
purposes; which was ordered to lie on the table; as follows:

       Strike the heading for section 6 and insert the following:

     SEC. 6. CONSTRUCTION.

       Nothing in this Act or any amendment made by this Act shall 
     be construed to prohibit a party from asserting a defense 
     based on waiver of a right, or on an estoppel or laches 
     doctrine.

     SEC. 7. EFFECTIVE DATE.

                                 ______
                                 
  SA 27. Mr. SPECTER submitted an amendment intended to be proposed by 
him to the bill S. 181, to amend title VII of the Civil Rights Act of 
1964 and the Age Discrimination in Employment Act of 1967, and to 
modify the operation of the Americans with Disabilities Act of 1990 and 
the Rehabilitation Act of 1973, to clarify that a discriminatory 
compensation decision or other practice that is unlawful under such 
Acts occurs each time compensation is paid pursuant to the 
discriminatory compensation decision or other practice, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. LIMITING APPLICATION TO DISCRIMINATORY COMPENSATION 
                   DECISIONS.

       (a) Findings.--In section 2(1) of the Lilly Ledbetter Fair 
     Pay Act of 2009, strike ``or other practices''.
       (b) Civil Rights Act of 1964.--In section 706(e) of the 
     Civil Rights Act of 1964 (as amended by section 3), strike 
     subparagraph (A) of paragraph (3) and insert the following:
       ``(A) For purposes of this section, an unlawful employment 
     practice occurs, with respect to discrimination in 
     compensation in violation of this title, when a 
     discriminatory compensation decision is adopted, when an 
     individual becomes subject to a discriminatory compensation 
     decision, or when an individual is affected by application of 
     a discriminatory compensation decision, including each time 
     wages, benefits, or other compensation is paid, resulting in 
     whole or in part from such a decision.''.
       (c) Age Discrimination in Employment Act of 1967.--In 
     section 7(d) of the Age Discrimination in Employment Act of 
     1967 (as amended by section 4), strike paragraph (3) and 
     insert the following:
       ``(3) For purposes of this section, an unlawful practice 
     occurs, with respect to discrimination in compensation in 
     violation of this Act, when a discriminatory compensation 
     decision is adopted, when a person becomes subject to a 
     discriminatory compensation decision, or when a person is 
     affected by application of a discriminatory compensation 
     decision, including each time wages, benefits, or other 
     compensation is paid, resulting in whole or in part from such 
     a decision.''.

                          ____________________