[Congressional Record Volume 155, Number 12 (Wednesday, January 21, 2009)]
[Senate]
[Pages S727-S729]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 30. Mr. ENSIGN 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:

       On page 3, lines 21 and 22, strike ``a discriminatory 
     compensation decision'' and insert ``an intentional 
     discriminatory compensation decision''.
       On page 3, lines 23 and 24, strike ``a discriminatory 
     compensation decision'' and insert ``an intentional 
     discriminatory compensation decision''.
       On page 3, line 25, through page 4, line 1, strike ``a 
     discriminatory compensation decision'' and insert ``an 
     intentional discriminatory compensation decision''.
       On page 5, lines 5 and 6, strike ``a discriminatory 
     compensation decision'' and insert ``an intentional 
     discriminatory compensation decision''.
       On page 5, line 7, strike ``a discriminatory compensation 
     decision'' and insert ``an intentional discriminatory 
     compensation decision''.
       On page 5, line 9, strike ``a discriminatory compensation 
     decision'' and insert ``an intentional discriminatory 
     compensation decision''.
                                 ______
                                 
  SA 31. Mr. DeMINT (for himself and Mr. Vitter) 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. __. RIGHT TO WORK.

       (a) National Labor Relations Act.--
       (1) Rights of employees.--Section 7 of the National Labor 
     Relations Act (29 U.S.C. 157) is amended by striking ``except 
     to'' and all that follows through ``authorized in section 
     8(a)(3)''.
       (2) Unfair labor practices.--Section 8 of the National 
     Labor Relations Act (29 U.S.C. 158) is amended--
       (A) in subsection (a)(3), by striking ``: Provided, That'' 
     and all that follows through ``retaining membership'';
       (B) in subsection (b)--
       (i) in paragraph (2), by striking ``or to discriminate'' 
     and all that follows through ``retaining membership''; and
       (ii) in paragraph (5), by striking ``covered by an 
     agreement authorized under subsection (a)(3) of this 
     section''; and
       (C) in subsection (f), by striking clause (2) and 
     redesignating clauses (3) and (4) as clauses (2) and (3), 
     respectively.
       (b) Amendment to the Railway Labor Act.--Section 2 of the 
     Railway Labor Act (45 U.S.C. 152) is amended by striking 
     paragraph Eleven.
                                 ______
                                 
  SA 32. Mr. DeMINT 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. __. PROTECTION OF WORKERS' POLITICAL RIGHTS.

       Title III of the Labor Management Relations Act, 1947 (29 
     U.S.C. 185 et seq.) is amended by adding at the end the 
     following:

     ``SEC. 304. PROTECTION OF WORKER'S POLITICAL RIGHTS.

       ``(a) Prohibition.--Except with the separate, prior, 
     written, voluntary authorization of an individual, it shall 
     be unlawful for any labor organization to collect from or 
     assess its members or nonmembers any dues, initiation fee, or 
     other payment if any part of such dues, fee, or payment will 
     be used to lobby members of Congress or Congressional staff 
     for the purpose of influencing legislation.
       ``(b) Authorization.--An authorization described in 
     subsection (a) shall remain in effect until revoked and may 
     be revoked at any time.''.
                                 ______
                                 
  SA 33. Mr. DeMINT 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 end, add the following:

     SEC. 7. STATUTES OF LIMITATIONS FOR SUITS AGAINST LABOR 
                   ORGANIZATIONS.

       (a) Civil Rights Act of 1964.--Section 706(e) of the Civil 
     Rights Act of 1965 (as amended by section 3 of this Act) (42 
     U.S.C. 2000e-5(e)) is further amended by adding at the end 
     the following:
       ``(4) Notwithstanding paragraph (1), a charge filed by or 
     on behalf of an individual claiming to be aggrieved against a 
     labor organization shall not be subject to the timing 
     requirements of such paragraph, and the individual may file a 
     charge at any time after the alleged unlawful employment 
     practice has occurred.''.
       (b) Age Discrimination in Employment Act.--Section 7 of the 
     Age Discrimination in Employment Act of 1967 (as amended by 
     section 4 of this Act) (29 U.S.C. 626) is further amended by 
     adding at the end the following:
       ``(g) Statutes of Limitations for Suits Against Labor 
     Organizations.--Notwithstanding subsection (d), a charge 
     filed by or on behalf of an individual alleging that a labor 
     organization committed unlawful discrimination against the 
     individual shall not

[[Page S728]]

     be subject to the timing requirements of such subsection, and 
     the individual may file a charge at any time after the 
     alleged unlawful employment practice has occurred.''.
       (c) Application to Other Laws.--Section 5 of this Act shall 
     be applied by substituting ``sections 3 and 7'' for ``section 
     3'' each place the term occurs.
                                 ______
                                 
  SA 34. Mr. VITTER 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. __. GOVERNMENT NEUTRALITY IN CONTRACTING.

       (a) Purposes.--It is the purpose of this section to--
       (1) promote and ensure open competition on Federal and 
     federally funded or assisted construction projects;
       (2) maintain Federal Government neutrality towards the 
     labor relations of Federal Government contractors on Federal 
     and federally funded or assisted construction projects;
       (3) reduce construction costs to the Federal Government and 
     to the taxpayers;
       (4) expand job opportunities, especially for small and 
     disadvantaged businesses; and
       (5) prevent discrimination against Federal Government 
     contractors or their employees based upon labor affiliation 
     or the lack thereof, thereby promoting the economical, 
     nondiscriminatory, and efficient administration and 
     completion of Federal and federally funded or assisted 
     construction projects.
       (b) Preservation of Open Competition and Federal Government 
     Neutrality.--
       (1) Prohibition.--
       (A) General rule.--The head of each executive agency that 
     awards any construction contract after the date of enactment 
     of this Act, or that obligates funds pursuant to such a 
     contract, shall ensure that the agency, and any construction 
     manager acting on behalf of the Federal Government with 
     respect to such contract, in its bid specifications, project 
     agreements, or other controlling documents does not--
       (i) require or prohibit a bidder, offeror, contractor, or 
     subcontractor from entering into, or adhering to, agreements 
     with 1 or more labor organization, with respect to that 
     construction project or another related construction project; 
     or
       (ii) otherwise discriminate against a bidder, offeror, 
     contractor, or subcontractor because such bidder, offeror, 
     contractor, or subcontractor--

       (I) became a signatory, or otherwise adhered to, an 
     agreement with 1 or more labor organization with respect to 
     that construction project or another related construction 
     project; or
       (II) refused to become a signatory, or otherwise adhere to, 
     an agreement with 1 or more labor organization with respect 
     to that construction project or another related construction 
     project.

       (B) Application of prohibition.--The provisions of this 
     subsection shall not apply to contracts awarded prior to the 
     date of enactment of this Act, and subcontracts awarded 
     pursuant to such contracts regardless of the date of such 
     subcontracts.
       (C) Rule of construction.--Nothing in subparagraph (A) 
     shall be construed to prohibit a contractor or subcontractor 
     from voluntarily entering into an agreement described in such 
     subparagraph.
       (2) Recipients of grants and other assistance.--The head of 
     each executive agency that awards grants, provides financial 
     assistance, or enters into cooperative agreements for 
     construction projects after the date of enactment of this 
     Act, shall ensure that--
       (A) the bid specifications, project agreements, or other 
     controlling documents for such construction projects of a 
     recipient of a grant or financial assistance, or by the 
     parties to a cooperative agreement, do not contain any of the 
     requirements or prohibitions described in clause (i) or (ii) 
     of paragraph (1)(A); or
       (B) the bid specifications, project agreements, or other 
     controlling documents for such construction projects of a 
     construction manager acting on behalf of a recipient or party 
     described in subparagraph (A) do not contain any of the 
     requirements or prohibitions described in clause (i) or (ii) 
     of paragraph (1)(A).
       (3) Failure to comply.--If an executive agency, a recipient 
     of a grant or financial assistance from an executive agency, 
     a party to a cooperative agreement with an executive agency, 
     or a construction manager acting on behalf of such an agency, 
     recipient, or party, fails to comply with paragraph (1) or 
     (2), the head of the executive agency awarding the contract, 
     grant, or assistance, or entering into the agreement, 
     involved shall take such action, consistent with law, as the 
     head of the agency determines to be appropriate.
       (4) Exemptions.--
       (A) In general.--The head of an executive agency may exempt 
     a particular project, contract, subcontract, grant, or 
     cooperative agreement from the requirements of 1 or more of 
     the provisions of paragraphs (1) and (2) if the head of such 
     agency determines that special circumstances exist that 
     require an exemption in order to avert an imminent threat to 
     public health or safety or to serve the national security.
       (B) Special circumstances.--For purposes of subparagraph 
     (A), a finding of ``special circumstances'' may not be based 
     on the possibility or existence of a labor dispute concerning 
     contractors or subcontractors that are nonsignatories to, or 
     that otherwise do not adhere to, agreements with 1 or more 
     labor organization, or labor disputes concerning employees on 
     the project who are not members of, or affiliated with, a 
     labor organization.
       (C) Additional exemption for certain projects.--The head of 
     an executive agency, upon application of an awarding 
     authority, a recipient of grants or financial assistance, a 
     party to a cooperative agreement, or a construction manager 
     acting on behalf of any of such entities, may exempt a 
     particular project from the requirements of any or all of the 
     provisions of paragraphs (1) or (2) if the agency head 
     finds--
       (i) that the awarding authority, recipient of grants or 
     financial assistance, party to a cooperative agreement, or 
     construction manager acting on behalf of any of such entities 
     had issued or was a party to, as of the date of the enactment 
     of this Act, bid specifications, project agreements, 
     agreements with one or more labor organizations, or other 
     controlling documents with respect to that particular 
     project, which contained any of the requirements or 
     prohibitions set forth in paragraph (1)(A); and
       (ii) that one or more construction contracts subject to 
     such requirements or prohibitions had been awarded as of the 
     date of the enactment of this Act.
       (5) Federal acquisition regulatory council.--With respect 
     to Federal contracts to which this subsection applies, not 
     later than 60 days after the date of enactment of this Act, 
     the Federal Acquisition Regulatory Council shall take 
     appropriate action to amend the Federal Acquisition 
     Regulation to implement the provisions of this subsection.
       (6) Definitions.--In this subsection:
       (A) Construction contract.--The term ``construction 
     contract'' means any contract for the construction, 
     rehabilitation, alteration, conversion, extension, or repair 
     of buildings, highways, or other improvements to real 
     property.
       (B) Executive agency.--The term ``executive agency'' has 
     the meaning given such term in section 105 of title 5, United 
     States Code, except that such term shall not include the 
     Government Accountability Office.
       (C) Labor organization.--The term ``labor organization'' 
     has the meaning given such term in section 701(d) of the 
     Civil Rights Act of 1964 (42 U.S.C. 2000e(d)).
                                 ______
                                 
  SA 35. Mrs. HUTCHISON submitted an amendment intended to be proposed 
by her 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:

       On page 7, strike lines 11 through 20 and insert the 
     following:

     SEC. 6. EFFECTIVE DATE.

       (a) In General.--This Act, and the amendments made by this 
     Act, take effect on the date of enactment of this Act, except 
     as provided in subsection (b).
       (b) Claims.--This Act, and the amendments made by this Act, 
     shall apply to each claim of discrimination in compensation 
     under title VII of the Civil Rights Act of 1964 (42 U.S.C. 
     2000e et seq.), the Age Discrimination in Employment Act of 
     1967 (29 U.S.C. 621 et seq.), title I and section 503 of the 
     Americans with Disabilities Act of 1990, and sections 501 and 
     504 of the Rehabilitation Act of 1973, if--
       (1) the claim results from a discriminatory compensation 
     decision or other practice; and
       (2) the discriminatory compensation decision or other 
     practice is adopted on or after that date of enactment.
                                 ______
                                 
  SA 36. Mr. ENSIGN 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

[[Page S729]]

compensation decision or other practice, and for other purposes; which 
was ordered to lie on the table; as follows:

       Beginning on page 3, strike line 21 and all that follows 
     through page 5, line 9 and insert the following:

     in compensation in violation of this title, when an 
     intentional discriminatory compensation decision or other 
     practice is adopted, when an individual becomes subject to an 
     intentional discriminatory compensation decision or other 
     practice, or when an individual is affected by application of 
     an intentional discriminatory compensation decision or other 
     practice, including each time wages, benefits, or other 
     compensation is paid, resulting in whole or in part from such 
     a decision or other practice.
       ``(B) In addition to any relief authorized by section 1977A 
     of the Revised Statutes (42 U.S.C. 1981a), liability may 
     accrue and an aggrieved person may obtain relief as provided 
     in subsection (g)(1), including recovery of back pay for up 
     to two years preceding the filing of the charge, where the 
     unlawful employment practices that have occurred during the 
     charge filing period are similar or related to unlawful 
     employment practices with regard to discrimination in 
     compensation that occurred outside the time for filing a 
     charge.''.

     SEC. 4. DISCRIMINATION IN COMPENSATION BECAUSE OF AGE.

       Section 7(d) of the Age Discrimination in Employment Act of 
     1967 (29 U.S.C. 626(d)) is amended--
       (1) in the first sentence--
       (A) by redesignating paragraphs (1) and (2) as 
     subparagraphs (A) and (B), respectively; and
       (B) by striking ``(d)'' and inserting ``(d)(1)'';
       (2) in the third sentence, by striking ``Upon'' and 
     inserting the following:
       ``(2) Upon''; and
       (3) by adding at the end the following:
       ``(3) For purposes of this section, an unlawful practice 
     occurs, with respect to discrimination in compensation in 
     violation of this Act, when an intentional discriminatory 
     compensation decision or other practice is adopted, when a 
     person becomes subject to an intentional discriminatory 
     compensation decision or other practice, or when a person is 
     affected by application of an intentional discriminatory 
     compensation decision or other

                          ____________________