article: SECTION. 1. AGE DISCRIMINATION IN EMPLOYMENT ACT OF 1967. (a) Application to House of Representatives.-- (1) In general.--The rights and protections of the Age Discrimination in Employment Act of 1967 (29 U.S.C. 621 et seq.) shall, subject to paragraph (2), apply with respect to any individual who occupies an employment position or who is an applicant for an employment position, as well as to any employing authority of the House of Representatives. (2) Administration.--In the administration of this subsection, the remedies and procedures referred to in the Fair Employment Practices Resolution shall apply. (3) Exercise of rulemaking power.--The provisions of paragraph (2) are enacted by the House of Representatives as an exercise of the rulemaking power of the House of Representatives, with full recognition of the right of the House to change its rules, in the same manner, and to the same extent as in any other rule of the House. (b) Application to Instrumentalities of the Congress.-- (1) In general.--The rights and protections of the Age Discrimination in Employment Act of 1967 (29 U.S.C. 621 et seq.) shall, subject to paragraph (2), apply with respect to any individual who is an employee of, or an applicant for employment with, an instrumentality of the Congress. (2) Establishment of remedies and procedures.--The chief official of each instrumentality of the Congress shall establish remedies and procedures to be utilized with respect to the rights and protections provided pursuant to paragraph (1). (3) Report to the 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. SEC. 2. APPLICATION OF FAIR LABOR STANDARDS ACT TO INSTRUMENTALITIES OF THE CONGRESS. (a) In General.--The rights and protections of the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) shall, subject to subsection (b), apply with respect to any individual who is employed by an instrumentality of the Congress. (b) Establishment of Remedies and Procedures.--The chief official of each instrumentality of the Congress shall establish remedies and procedures to be utilized with respect to the rights and protections provided pursuant to subsection (a). (c) Report to the Congress.--The chief official of each instrumentality of the Congress shall, after establishing remedies and procedures for purposes of subsection (b), submit to the Congress a report describing the remedies and procedures. (d) Architect of the Capitol.--The Architect of the Capitol shall, no later than 90 days after the date of enactment of this Act, submit a report to the Congress describing steps taken to implement section 8(b) of the Fair Labor Standards Amendments of 1989 (2 U.S.C. 60k(b)). SEC. 3. RECOMMENDATIONS ON THE OCCUPATIONAL SAFETY AND HEALTH ACT. It is the sense of the House of Representatives that the Committee on House Administration should review the Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et seq.) and make recommendations to the House of Representatives regarding the application of such Act to the House. SEC. 4. JUDICIAL REVIEW. (a) Application to House of Representatives.-- (1) In general.--Any individual who occupies an employment position or who is an applicant for an employment position, and who has been aggrieved by a violation of section 2(a) of the Fair Employment Practices Resolution (relating to nondiscrimination), section 1(a)(1) of this Act, section 117(a)(2)(A) of the Civil Rights Act of 1991 (2 U.S.C. 60l), section 8(a)(1) of the Fair Labor Standards Amendment of 1989 (2 U.S.C. 60k), or section 509(b)(2)(A) of the Americans with Disabilities Act of 1990 (42 U.S.C. 12209(b)(2)(A)) may, following a final decision pursuant to the Fair Employment Practices Resolution regarding such violation, petition for review by the United States Court of Appeals for the Federal Circuit. (2) Violations by members of the house of representatives.--It is the sense of the House of Representatives that the Rules of the House of Representatives should be amended to address the issue of the source of payments made by the House to satisfy a judgment against a Representative in, or Delegate or Resident Commissioner to, the Congress who has been found guilty by the United States Court of Appeals for the Federal Circuit of a violation of one of the sections referred to in paragraph (1). (b) Application to the Instrumentalities of the congress.-- (1) Age discrimination in employment act of 1967.--Any employee of an instrumentality of the Congress, who has been aggrieved by a violation of section 1(b)(1) of this Act may, following a final decision pursuant to section 1(b)(2) of this Act, petition for review by the United States Court of Appeals for the Federal Circuit. (2) Americans with disabilities act.--Any employee of an instrumentality of the Congress who has been aggrieved by a violation of section 509(c)(1) of the Americans with Disabilities Act of 1990 (42 U.S.C. 12209(c)(1)) may, following a final decision pursuant to subsection (c)(2) of such Act, petition for review by the United States Court of Appeals for the Federal Circuit. (3) Civil rights act of 1991.--Any employee of an instrumentality of the Congress who has been aggrieved by a violation of section 117(b)(1) of the Civil Rights Act of 1991 (2 U.S.C. 60l) may, following a final decision pursuant to subsection (b)(3) of such Act, petition for review by the United States Court of Appeals for the Federal Circuit. (4) Fair labor standards act.--Any employee of an instrumentality of the Congress who has been aggrieved by a violation of section 2(a) of this Act may, following a final decision pursuant to section 2(b) of this Act, petition for review by the United States Court of Appeals for the Federal Circuit. (c) Scope of Judicial Review.--A petition for review authorized by subsection (a) or (b) shall be filed not later than 90 days following receipt by the aggrieved individual of a written final decision referred to in such subsection. The court shall decide all relevant questions of law and shall interpret constitutional and statutory provisions. The court shall set aside the decision if the court determines that the decision is-- (1) arbitrary, capricious, an abuse of discretion, or otherwise not consistent with law; (2) not made consistent with required procedures; or (3) not supported by substantial evidence. In making its determination, the court shall review the whole record or those parts of the record cited by a party, and due account shall be taken of prejudicial error. If the aggrieved individual is the prevailing party in an appeal under this section, a reasonable attorney's fee may be allowed by the court in accordance with the standards established under section 706(k) of the Civil Rights Act of 1964 (42 U.S.C. 2000e-5(k)).''. SEC. 5. CONFORMING AMENDMENTS. (a) Americans with Disabilities Act.--Section 509 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12209(b)(2)) is amended-- (1) by amending subsection (b)(2)(B) to read as follows: ``(B) Administration.--This paragraph shall be administered according to the Fair Employment Practices Resolution (House Resolution 558 of the One Hundredth Congress, as agreed to October 4, 1988), as incorporated into the Rules of the House of Representatives as rule LI, or any other provision or resolution that continues in effect the provisions of such resolution.''; and (2) in subsection (c)(2) by striking ``Such remedies and procedures shall apply exclusively.''. (b) Civil Rights Act of 1991.--Section 117 of the Civil Rights Act of 1991 (2 U.S.C. 60l) is amended-- (1) by amending subsection (a)(2)(B) to read as follows: ``(B) Administration.--This paragraph shall be administered according to the Fair Employment Practices Resolution (House Resolution 558 of the One Hundredth Congress, as agreed to October 4, 1988), as incorporated into the Rules of the House of Representatives as rule LI, or any other provision or resolution that continues in effect the provisions of such resolution.''; and (2) in section (b)(2) by striking ``Such remedies and procedures shall apply exclusively, except for the employees who are defined as Senate employees, in section 301(c)(1).''. SEC. 6. DEFINITIONS. For the purposes of this Act-- (1) the terms ``employment position'' and ``employing authority'' have the meaning given such terms in the Fair Employment Practices Resolution; (2) the term ``Fair Employment Practices Resolution'' means House Resolution 558 of the One Hundredth Congress, as agreed to October 4, 1988, and as incorporated into the Rules of the House of Representatives as rule LI, or any other provision or resolution that continues in effect the provisions of such resolution; and (3) the term ``instrumentalities of the Congress'' shall include the following: the Architect of the Capitol, the Congressional Budget Office, the General Accounting Office, the Government Printing Office, the Library of Congress, the Office of Technology Assessment, and the United States Botanic Garden, except that-- (A) for purposes of sections 1(b) and 4(b)(1), such term shall not include the Library of Congress; and (B) for purposes of section 4(b)(4), and of subsections (a), (b), and (c) of section 2, such term shall not include the Architect of the Capitol.
summary: Applies the Age Discrimination in Employment Act of 1967 and the remedies and procedures referred to in the Fair Employment Practices Resolution to any: (1) employee of (or applicant for employment by) the House of Representatives; (2) employing authority of the House; or (3) employee of (or applicant for employment by) the Architect of the Capitol, the Congressional Budget Office, the General Accounting Office, the Government Printing Office, the Office of Technology Assessment, or the U.S. Botanic Garden. Applies the Fair Labor Standards Act of 1938 to: (1) the Congressional Budget Office; (2) the General Accounting Office; (3) the Government Printing Office; (4) the Library of Congress; (5) the Office of Technology Assessment; and (6) the U.S. Botanic Garden. Requires the Architect of the Capitol to report to the Congress on steps taken pursuant to the Fair Labor Standards Amendments of 1989 relating to the minimum wage rate of its employees. Expresses the sense of the House that the Committee on House Administration should make recommendations regarding the application of the Occupational Safety and Health Act to the House. Authorizes any employee of (or applicant for employment by) the House who has been aggrieved by a violation of the Fair Employment Practices Resolution (relating to nondiscrimination), the Age Discrimination in Employment Act of 1967, the Civil Rights Act of 1991, the Fair Labor Standards Amendment of 1989, or the Americans with Disabilities Act of 1990 to petition for review by the U.S. Court of Appeals for the Federal Circuit of the final decision pursuant to the Fair Employment Practices Resolution. Expresses the sense of the House that the Rules of the House should be amended to address the issue of the source of payments by the House to satisfy a judgment against a Member who has been found guilty of a violation of one of such Acts. Gives employees of instrumentalities of the Congress who have been aggrieved by the violations of the following Acts the right to petition for judicial review: (1) the Age Discrimination in Employment Act of 1967 (excluding Library of Congress employees); (2) the Americans with Disabilities Act of 1990; (3) the Civil Rights Act of 1991; and (4) the Fair Labor Standards Act of 1938 (excluding employees of the Architect of the Capitol).