text: 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
target: 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.
feat_title: Congressional Coverage for Discrimination and Family Leave Act