article: SECTION 1. SHORT TITLE. This Act may be cited as the ``Congressional Coverage for Discrimination and Family Leave Act''. TITLE I--AGE DISCRIMINATION SEC. 101. COVERAGE OF EMPLOYEES OF THE HOUSE OF REPRESENTATIVES. The Age Discrimination in Employment Act of 1967 (29 U.S.C. 621 et seq.) is amended-- (1) by redesignating sections 16 and 17 as sections 17 and 18, respectively, and (2) by inserting after section 15 the following: ``coverage of certain employees in the legislative branch of the federal government ``Sec. 16. (a) For purposes of this section-- ``(1) the term `employee' means an individual who is employed by, or who applies for employment with, an employing authority; ``(2) the term `employing authority' has the meaning given it in the Fair Employment Practices Resolution and also includes any agent of the employing authority and any Member who participates in determining the terms and conditions applicable to an employee's employment and any agent of such Member, but with respect to a position on the minority staff of a committee, such term does not include the Chairman of such committee; ``(3) the term `Fair Employment Practices Resolution' means-- ``(A) House Resolution 558 of the One Hundredth Congress, as adopted October 4, 1988, and incorporated into rule LI of the Rules of the House of Representatives of the One Hundred Second Congress; or ``(B) any other provision that continues in effect the provisions of such resolution; and ``(4) the term `instrumentality of the Congress' means a unit of the legislative branch (other than the Congress) that does not have positions in the competitive service and any agent of such unit. ``(b) Sections 4 and 7(f) shall apply to employees and to employing authorities. ``(c)(1) The remedies and procedures under the Fair Employment Practices Resolution shall apply with respect to a violation of section 4 as such section is made applicable by subsection (b). ``(2) Within 90 days of the exhaustion of all procedures authorized under paragraph (1), or after 180 days after the filing of a complaint in accordance with such procedures, an employee may bring a civil action in the appropriate United States district court against the employee's employing authority. In any such action, the court may order such relief, including damages, attorneys' fees, and other costs, as may be ordered by a court under section 7. ``(d) Section 4, as such section is made applicable by subsection (b), does not prohibit the taking into consideration of -- ``(1) the domicile of an individual with respect to a position under the clerk-hire allowance of the House of Representatives; or ``(2) the political affiliation of an individual with respect to a position under such clerk-hire allowance or a position on the staff of a committee. ``(e) Not later than 60 days after any payment is made under this section for the benefit of an aggrieved employee out of a Federal account of the House of Representatives and on behalf of the employing authority, the employing authority shall reimburse such account with non-Federal funds. The Committee on House Administration of the House of Representatives shall determine which account shall be used for payments to an aggrieved employee under this section and shall issue guidelines to ensure such reimbursement. ``(f) Each employing authority shall post and keep posted in conspicuous places on its premises a notice that shall be prepared by the Office of Fair Employment Practices, setting forth such information as the Office considers to be appropriate to carry out this section. ``(g) Subsection (c)(1) is enacted as an exercise of the rulemaking power of the House of Representatives, with full recognition of the right of the House of Representatives to change its rules in the same manner, and to the same extent, as in any other rule of the House of Representatives. ``(h)(1) Subject to paragraph (2), sections 4 and 7(f) shall apply with respect to individuals who are employed by, or who apply for employment with, an instrumentality of the Congress. ``(2) The chief official of each instrumentality of the Congress shall establish remedies and procedures to protect the rights provided for in paragraph (1). Such remedies and procedures shall apply exclusively with respect to such rights and shall provide to such individual protection that is equal to or greater than the protection provided under this section to employees of an employing authority. ``(3) The chief official of each instrumentality of the Congress shall submit to the Congress a report describing the remedies and procedures it has established to comply with paragraph (2). ``(4) Within 90 days of the exhaustion of all procedures authorized under paragraph (2) or after 180 days after the filing of a complaint in accordance with such procedures, an employee may bring a civil action in the appropriate United States district court against the employee's instrumentality. In any such action, the court may order such relief, including damages, attorneys' fees, and other costs as may be ordered by a court under section 7.''. TITLE II--TITLE VII OF THE CIVIL RIGHTS ACT OF 1964 SEC. 201. REFERENCE. Whenever in this title an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Civil Rights Act of 1991. SEC. 202. APPLICATION TO CONGRESS. (a) Coverage.--Section 117(a)(2)(A) (2 U.S.C. 60l(a)(2)(A)) is amended by adding at the end the following: ``For purposes of this section, the term `employee' also includes an individual who applies for employment and the term `employing authority' also includes any agent of the employing authority and any Member who participates in determining the terms and conditions applicable to an employee's employment and any agent of such Member but with respect to a position on the minority staff of a committee such term does not include the Chairman of such committee.''. (b) Employee Actions, Payments, Considerations, and Notice.-- (1) Amendment.--Section 117 (2 U.S.C. 60l) is amended in subsection (b)(4), by inserting before the period the following: ``and includes any agent of any of the foregoing entities'', and (2) by adding at the end the following: ``(c) Employee Actions.-- ``(1) In general.--Within 90 days of the exhaustion of all procedures authorized under subsection (a) or (b) or after 180 days after the filing of a complaint in accordance with such procedures an employee may bring a civil action in the appropriate United States district court against the employee's employing authority or if employed by an instrumentality of Congress, against such instrumentality. In any such action, the court may order such relief as is provided under title VII of the Civil Rights Act of 1964 and section 1977A of the Revised Statutes (42 U.S.C. 1981a), except that the sum of the amount of compensatory damages awarded for future pecuniary losses, emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment of life, and other nonpecuniary losses and the amount of punitive damages shall not exceed for each complaining party $50,000 in an action against an employing authority. ``(2) Trial.--In an action brought under paragraph (1)-- ``(A) any party may demand a trial by jury, and ``(B) the court shall not inform the jury of the dollar limitation prescribed by paragraph (1). ``(3) Fees.--In an action brought under paragraph (1), the court may allow the prevailing party a reasonable attorney's fees (including expert witness fees) as part of the costs. ``(d) Payments.--Not later than 60 days after any payment is made under this section for the benefit of an aggrieved employee out of a Federal account of the House of Representatives and on behalf of an employing authority, the employing authority shall reimburse such account with non-Federal funds. The Committee on House Administration of the House of Representatives shall determine which account shall be used for payments to an aggrieved employee under this section and shall issue guidelines to ensure such reimbursement. ``(e) Considerations.--The rights and protections provided by this section do not prohibit the taking into consideration of: ``(1) the domicile of an individual with respect to a position under the clerk-hire allowance of the House of Representatives; or ``(2) the political affiliation of an individual with respect to a position under such clerk-hire allowance or a position on the staff of a committee. ``(f) Notice.--Each employing authority and instrumentality of Congress shall post and keep posted, in conspicuous places on its premises, a notice that shall be prepared by the Office of Fair Employment Practices or the instrumentality which sets forth such information as such Office or instrumentality considers to be appropriate to carry out this section.''. (2) Conforming amendment.--Section 117(a)(2)(B)(i) (2 U.S.C. 60l(a)(2)(B)(i)) is amended by inserting before the period at the end the following: ``, except as provided in subsections (c) through (f)''. TITLE III--DISABILITIES SEC. 301. REFERENCE. Whenever in this title an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Americans with Disabilities Act of 1990. SEC. 302. APPLICATION TO CONGRESS. (a) Coverage.--Section 509(b)(2)(A) (42 U.S.C. 12209(b)(2)(A)) is amended by adding at the end the following: ``For purposes of this section, the term `employee' also includes an individual who applies for employment and the term `employing authority' also includes any agent of the employing authority and any Member who participates in determining the terms and conditions applicable to an employee's employment and any agent of such Member but with respect to the minority staff of a committee does not include the Chairman of such committee.''. (b) Employee Actions, Payments, Considerations, and Notice.-- (1) Amendment.--Section 509 (42 U.S.C. 12209) is amended-- (A) in subsection (c)(4), by adding before the period the following: ``and includes any agent of any of the foregoing entities'', and (B) by adding at the end the following: ``(d) Employee Actions.-- ``(1) In general.--Within 90 days of the exhaustion of all procedures authorized under subsection (b)(2) or (c)(2) or after 180 days after the filing of a complaint in accordance with such procedures, an employee may bring a civil action in the appropriate United States district court against the employee's employing authority or if employed by an instrumentality of Congress, against such instrumentality. In any such action, the court may order such relief as is provided under title VII of the Civil Rights Act of 1964 and section 1977A of the Revised Statutes (42 U.S.C. 1981a), except that the sum of the amount of compensatory damages awarded for future pecuniary losses, emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment of life, and other nonpecuniary losses and the amount of punitive damages shall not exceed for each complaining party $50,000 in an action against an employing authority. ``(2) Trial.--In an action brought under paragraph (1)-- ``(A) any party may demand a trial by jury, and ``(B) the court shall not inform the jury of the dollar limitation prescribed by paragraph (1). ``(3) Fees.--In an action brought under paragraph (1), the court may allow the prevailing party a reasonable attorney's fees (including expert witness fees) as part of the costs. ``(e) Payments.--Not later than 60 days after any payment is made under this section for the benefit of an aggrieved employee out of a Federal account of the House of Representatives and on behalf of an employing authority, the employing authority shall reimburse such account with non-Federal funds. The Committee on House Administration of the House of Representatives shall determine which account shall be used for payments to an aggrieved employee under this section and shall issue guidelines to ensure such reimbursement. ``(f) Considerations.--The rights and protections provided by this section do not prohibit the taking into consideration of: ``(1) the domicile of an individual with respect to a position under the clerk-hire allowance of the House of Representatives; or ``(2) the political affiliation of an individual with respect to a position under such clerk-hire allowance or a position on the staff of a committee. ``(g) Notice.--Each employing authority and instrumentality of Congress shall post and keep posted, in conspicuous places on its premises, a notice that shall be prepared by the Office of Fair Employment Practices or the instrumentality which sets forth such information as such Office or instrumentality considers to be appropriate to carry out this section.''. (2) Conforming amendment.--Section 509(b)(2)(B)(i) (42 U.S.C. 12209(b)(2)(B)(i)) is amended by inserting before the period at the end the following: ``, except as provided in subsections (d) through (g)''. TITLE IV--FAMILY AND MEDICAL LEAVE SEC. 401. ENFORCEMENT ACTION. (a) Employing Authority.--Section 502(a) of the Family and Medical Leave Act of 1993 (2 U.S.C. 60n(a)) is amended by inserting before the period the following: ``, except that with respect to a position on the minority staff of a committee, the term `employing authority' does not include the Chairman of such committee''. (b) Remedy.--Subsection (c) of section 502 of the Family and Medical Leave Act of 1993 (2 U.S.C. 60n) is redesignated as subsection (f) and the following is inserted after subsection (b): ``(c) Employee Action.-- Within 90 days of the exhaustion of all procedures authorized under subsection (b), or after 180 days after the timely filing of a complaint in accordance with such procedures, an employee may bring a civil action in the appropriate United States district court against the employee's employing authority. In any such action, the court may order such relief, including damages, interest, attorneys' fees, expert witness fees, and other costs, as may be ordered by a court under section 107. ``(d) Payments.--Not later than 60 days after any payment is made under this section for the benefit of an aggrieved employee out of a Federal account of the House of Representatives and on behalf of an employing authority, the employing authority shall reimburse such account with non-Federal funds. The Committee on House Administration of the House of Representatives shall determine which account shall be used for payments to an aggrieved employee under this section and shall issue guidelines to ensure such reimbursement. ``(e) Instrumentalities of Congress.-- ``(1) In general.--The rights and protections under sections 102 through 105 (other than section 104(b)) shall, subject to paragraph (2), apply with respect to the conduct of each instrumentality of the Congress. ``(2) Establishment of remedies and procedures by instrumentalities.--The chief official of each instrumentality of the Congress shall establish remedies and procedures to protect the rights provided for in paragraph (1). ``(3) Report to congress.--The chief official of each instrumentality of the Congress shall, after establishing remedies and procedures for purposes of paragraph (2), submit to the Congress a report describing the remedies and procedures it has established to comply with paragraph (2). ``(4) Definition of instrumentalities.--For purposes of this section, instrumentalities of the Congress include the Architect of the Capitol, the Library of Congress, the Congressional Budget Office, the General Accounting Office, the Government Printing Office, the Office of Technology Assessment, and the United States Botanic Garden and includes any agent of any of the foregoing entities. ``(5) Civil action.--Within 90 days of the exhaustion of all procedures authorized under paragraph (2) or after 180 days after the filing of a complaint in accordance with such procedures, an employee may bring a civil action in the appropriate United States district court against the employee's instrumentality. In any such action, the court may order such relief, including damages, attorneys' fees, and other costs as may be ordered by a court under section 107. ``(f) Notice.--Each employing authority and instrumentality of Congress shall post and keep posted, in conspicuous places on its premises, a notice that shall be prepared by the Office of Fair Employment Practices or the instrumentality which sets forth such information as such Office or instrumentality considers to be appropriate to carry out this section.''. TITLE V--GUIDELINES SEC. 501. GUIDELINES. Any guidelines issued by any committee of the House of Representatives to implement any provision of this Act shall be published in the Congressional Record for a period of at least 60 days before such implementation. TITLE VI--EFFECTIVE DATE SEC. 601. EFFECTIVE DATE. The amendments made by this Act shall take effect upon the expiration of 3 months after the date of the enactment of this Act. HR 2499 IH----2
summary: TABLE OF CONTENTS: Title I: Age Discrimination Title II: Title VII of the Civil Rights Act of 1964 Title III: Disabilities Title IV: Family and Medical Leave Title V: Guidelines Title VI: Effective Date Congressional Coverage for Discrimination and Family Leave Act - Title I: Age Discrimination - Amends the Age Discrimination in Employment Act of 1967 (the Act) to cover employees in the House of Representatives and in instrumentalities of the Congress. Authorizes an aggrieved employee to bring a civil action in the appropriate district court against an employing authority or instrumentality of the Congress. Authorizes the court to order such relief, including damages, attorney's fees, and other costs provided by this Act. Requires the employing authority to reimburse the Federal account of the House with non-Federal funds for any damages paid out of the account on behalf of an aggrieved employee. Title II: Title VII of the Civil Rights Act of 1964 - Amends the Civil Rights Act of 1991 to authorize an employee in the House of Representatives or in an instrumentality of the Congress to bring a civil action in the appropriate United States district court against his or her employing authority or the appropriate instrumentality. Authorizes the court to order such relief specified under the Civil Rights Act of 1964 and the Revised Statutes. Limits the aggregate amount of compensatory and punitive damages to $50,000. Authorizes the complaining party to demand a jury trial. Prohibits the court from informing the jury of the dollar limitation imposed under this Act. Authorizes the court to allow the prevailing party a reasonable attorney's fees (including expert witness fees) as part of the costs. Requires the employing authority to reimburse the Federal account of the House with non-Federal funds for any damages paid out of the account on behalf of an aggrieved employee. Title III: Disabilities - Amends the Americans with Disabilities Act of 1990 to authorize an employee in the House of Representatives or in an instrumentality of the Congress to bring a civil action in the appropriate district court against his or her employing authority or the appropriate instrumentality. Authorizes the court to order such relief specified under the Civil Rights Act of 1964 and the Revised Statutes. Limits the aggregate amount of compensatory and punitive damages to $50,000. Authorizes the complaining party to demand a jury trial. Prohibits the court from informing the jury of the dollar limitation imposed under this Act. Authorizes the court to allow the prevailing party a reasonable attorney's fees (including expert witness fees) as part of the costs. Requires the employing authority to reimburse the Federal account of the House with non-Federal funds for any damages paid out of the account on behalf of an aggrieved employee. Title IV: Family and Medical Leave - Amends the Family and Medical Leave Act of 1993 (the Act) to authorize an employee to bring a civil action in the appropriate United States district court against the employee's employing authority or the appropriate instrumentality of the Congress. Authorizes the court to order such relief, including damages, interest, attorney's fees, expert witness fees, and other costs specified by the Act. Applies the rights and protections under title I of the Act to employees of each instrumentality of the Congress, except for the exemption concerning highly compensated employees. Title V: Guidelines - Requires implementing guidelines issued by any House committee for this Act to be published in the Congressional Record at least 60 days before such implementation. Title VI: Effective Date - Makes this Act effective three months after the date of enactment.