The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.
“TEXT OF AMENDMENTS” mentioning the Department of Interior was published in the Senate section on pages S628-S629 on Jan. 15, 2009.
The publication is reproduced in full below:
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.
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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)
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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 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.
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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.
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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.''.
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