[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3452 Engrossed Amendment Senate (EAS)]

  
  
  
  
  
  
  
  
  
  

                  In the Senate of the United States,

                                                       October 3, 1996.
      Resolved, That the bill from the House of Representatives (H.R. 
3452) entitled ``An Act to make certain laws applicable to the 
Executive Office of the President, and for other purposes.'', do pass 
with the following

                              AMENDMENTS:

(1)Page 2, in the table of contents, strike out sections 4 through 9 
and insert:

Sec. 4. Applicability of future employment laws.
Sec. 5. Repeal of section 303 of the Government Employee Rights Act of 
                            1991.

(2)Page 3, strike out [``420] and insert: ``421

(3)Page 3, strike out [``430] and insert: ``431

(4)Page 3, in the heading for subchapter III, strike out [DISPUTE-] and 
insert: DISPUTE

(5)Page 3, strike out [``457. Definitions.]

(6)Page 3, strike out all of subchapter IV and subchapter V and insert:

                    ``SUBCHAPTER IV--EFFECTIVE DATE

``471. Effective date.

(7)Page 3, strike out line 1 and insert:

                   ``SUBCHAPTER I--GENERAL PROVISIONS

(8)Page 3, strike out line 2 and insert:
``Sec. 401. Definitions

(9)Page 3, line 3, strike out [Except] and insert:
    (a) In General.--Except

(10)Page 4, after line 16 insert:
    ``(b) Definitions Relating to Certain Matters.--For purposes of 
applying this chapter with respect to any practice or other matter--
            ``(1) to which section 411 relates, the terms `employing 
        office' and `covered employee' shall each be considered to have 
        the meaning given to the term by such section;
            ``(2) to which section 412 relates, the term `covered 
        employee' means a covered employee described in section 
        412(a)(2)(B);
            ``(3) to which section 413 relates, the term `covered 
        employee' excludes interns and volunteers, as described in 
        section 413(a)(2); and
            ``(4) to which section 416 relates, the term `covered 
        employee' means a covered employee described in section 
        416(a)(2).

(11)Page 4, strike out line 17 and insert:
``Sec. 402. Application of laws

(12)Page 6, strike out lines 1 and 2 and insert:

          ``SUBCHAPTER II--EXTENSION OF RIGHTS AND PROTECTIONS

(13)Page 6, strike out lines 9 through 14 and insert:
``Sec. 411. Rights and protections under title VII of the Civil Rights 
              Act of 1964, the Age Discrimination in Employment Act of 
              1967, the Rehabilitation Act of 1973, and title I of the 
              Americans with Disabilities Act of 1990

(14)Page 9, after line 13 insert:
    ``(d) Regulations To Implement Section.--
            ``(1) In general.--The President, or the designee of the 
        President, shall issue regulations to implement paragraphs (1) 
        and (3) of subsection (a) and paragraphs (1) and (3) of 
        subsection (b).
            ``(2) Agency regulations.--The regulations issued under 
        paragraph (1) shall be the same as substantive regulations 
        promulgated by the appropriate officer of an executive agency 
        to implement the statutory provisions referred to in paragraphs 
        (1) and (3) of subsection (a) and paragraphs (1) and (3) of 
        subsection (b)--
                    ``(A) except to the extent that the President or 
                designee may determine, for good cause shown and stated 
                together with the regulation, that a modification of 
                such regulations would be more effective for the 
                implementation of the rights and protections under this 
                section; and
                    ``(B) except that the President or designee may, at 
                the discretion of the President or designee, issue 
                regulations to implement a provision of section 717 of 
                the Civil Rights Act of 1964 or section 501 of the 
                Rehabilitation Act of 1973 that applies to employees in 
                the executive branch of the Federal Government in lieu 
                of an analogous statutory provision referred to in 
                paragraph (1) or (3) of subsection (a) or paragraph (1) 
                or (3) of subsection (b), if the issuance of such 
                regulations--
                            ``(i) would be equally effective for the 
                        implementation of the rights and protections 
                        under this section; and
                            ``(ii) would promote uniformity in the 
                        application of Federal law to employees in the 
                        executive branch of the Federal Government.

(15)Page 9, line 14, strike out [(d)] and insert: (e)

(16)Page 9, after line 17 insert:
    ``(f) Effective Date.--This section shall take effect on October 1, 
1997.

(17)Page 9, strike out lines 18 and 19 and insert:
``Sec. 412. Rights and protections under the Family and Medical Leave 
              Act of 1993

(18)Page 10, line 13, strike out [damages] and insert: remedy

(19)Page 10, after line 16 insert:
    ``(c) Regulations To Implement Section.--
            ``(1) In general.--The President, or the designee of the 
        President, shall issue regulations to implement this section.
            ``(2) Agency regulations.--The regulations issued under 
        paragraph (1) shall be the same as substantive regulations 
        promulgated by the Secretary of Labor to implement the 
        statutory provisions referred to in subsections (a) and (b)--
                    ``(A) except to the extent that the President or 
                designee may determine, for good cause shown and stated 
                together with the regulation, that a modification of 
                such regulations would be more effective for the 
                implementation of the rights and protections under this 
                section; and
                    ``(B) except that the President or designee may, at 
                the discretion of the President or designee, issue 
                regulations to implement a provision of subchapter V of 
                chapter 63 of title 5, United States Code, that applies 
                to employees in the executive branch of the Federal 
                Government in lieu of an analogous statutory provision 
                referred to in subsection (a) or (b), if the issuance 
                of such regulations--
                            ``(i) would be equally effective for the 
                        implementation of the rights and protections 
                        under this section; and
                            ``(ii) would promote uniformity in the 
                        application of Federal law to employees in the 
                        executive branch of the Federal Government.
    ``(d) Effective Date.--Subsections (a) and (b) shall take effect on 
the earlier of--
            ``(1) the effective date of regulations issued under 
        subsection (c); or
            ``(2) October 1, 1998.

(20)Page 10, strike out lines 17 and 18 and insert:
``Sec. 413. Rights and protections under the Fair Labor Standards Act 
              of 1938

(21)Page 11, line 14, strike out [President] and insert: President, or 
the designee of the President,

(22)Page 11, line 21, strike out [subsection (a) except insofar as the 
President] and insert: subsections (a) and (b) except to the extent 
that the President or designee

(23)Page 12, line 2, strike out [President] and insert: President or 
designee

(24)Page 12, after line 7 insert:
    ``(d) Effective Date.--Subsections (a) and (b) shall take effect on 
the earlier of--
            ``(1) the effective date of regulations issued under 
        subsection (c); or
            ``(2) October 1, 1998.

(25)Page 12, strike out lines 8 through 10 and insert:
``Sec. 414. Rights and protections under the Employee Polygraph 
              Protection Act of 1988

(26)Page 12, line 23, strike out [President] and insert: President, or 
the designee of the President,

(27)Page 13, line 6, strike out [insofar as the President] and insert: 
to the extent that the President or designee

(28)Page 13, after line 10 insert:
    ``(d) Effective Date.--Subsections (a) and (b) shall take effect on 
the earlier of--
            ``(1) the effective date of regulations issued under 
        subsection (c); or
            ``(2) October 1, 1998.

(29)Page 13, strike out lines 11 through 13 and insert:
``Sec. 415. Rights and protections under the Worker Adjustment and 
              Retraining Notification Act

(30)Page 14, lines 3 and 4, strike out [does not succeed himself] and 
insert: is not elected to a successive term

(31)Page 15, line 11, strike out [President] and insert: President, or 
the designee of the President,

(32)Page 15, lines 17 and 18, strike out [subsection (a) except insofar 
as the President] and insert: subsections (a) and (b) except to the 
extent that the President or designee

(33)Page 15, after line 22 insert:
    ``(d) Effective Date.--Subsections (a) and (b) shall take effect on 
the earlier of--
            ``(1) the effective date of regulations issued under 
        subsection (c); or
            ``(2) October 1, 1998.

(34)Page 16, strike out lines 1 and 2 and insert:
``Sec. 416. Rights and protections relating to veterans' employment and 
              reemployment

(35)Page 17, line 2, strike out [President] and insert: President, or 
the designee of the President,

(36)Page 17, strike out lines 4 through 13 and insert:
            ``(2) Agency regulations.--The regulations issued under 
        paragraph (1) shall be the same as substantive regulations 
        promulgated by the Secretary of Labor to implement the 
        statutory provisions referred to in subsections (a) and (b)--
                    ``(A) except to the extent that the President or 
                designee may determine, for good cause shown and stated 
                together with the regulation, that a modification of 
                such regulations would be more effective for the 
                implementation of the rights and protections under this 
                section; and
                    ``(B) except that the President or designee may, at 
                the discretion of the President or designee, issue 
                regulations to implement a provision of section 4314 or 
                4324 of title 38, United States Code, that applies to 
                employees in the executive branch of the Federal 
                Government in lieu of an analogous statutory provision 
                referred to in subsection (a) or (b), if the issuance 
                of such regulations--
                            ``(i) would be equally effective for the 
                        implementation of the rights and protections 
                        under this section; and
                            ``(ii) would promote uniformity in the 
                        application of Federal law to employees in the 
                        executive branch of the Federal Government.

(37)Page 17, after line 13 insert:
    ``(d) Effective Date.--Subsections (a) and (b) shall take effect on 
the earlier of--
            ``(1) the effective date of regulations issued under 
        subsection (c); or
            ``(2) October 1, 1998.

(38)Page 17, strike out line 14 and insert:
``Sec. 417. Prohibition of intimidation or reprisal

(39)Page 18, strike out lines 4 through 8

(40)Page 18, strike out lines 11 and 12 and insert:
``Sec. 421. Rights and protections under the Americans with 
              Disabilities Act of 1990

(41)Page 19, after line 16 insert:
    ``(d) Regulations To Implement Section.--
            ``(1) In general.--The President, or the designee of the 
        President, shall issue regulations to implement this section.
            ``(2) Agency regulations.--The regulations issued under 
        paragraph (1) shall be the same as substantive regulations 
        promulgated by the appropriate officer of an executive agency 
        to implement the statutory provisions referred to in 
        subsections (a) and (b)--
                    ``(A) except to the extent that the President or 
                designee may determine, for good cause shown and stated 
                together with the regulation, that a modification of 
                such regulations would be more effective for the 
                implementation of the rights and protections under this 
                section; and
                    ``(B) except that the President or designee may, at 
                the discretion of the President or designee, issue 
                regulations to implement a provision of section 1, 2, 
                3, or 6 of the Act entitled `An Act to insure that 
                certain buildings financed with Federal funds are so 
                designed and constructed as to be accessible to the 
                physically handicapped', approved August 12, 1968 
                (commonly known as the `Architectural Barriers Act of 
                1968') or section 501 of the Rehabilitation Act of 1973 
                that applies to agencies of the executive branch of the 
                Federal Government in lieu of an analogous statutory 
                provision referred to in subsection (a) or (b), if the 
                issuance of such regulations--
                            ``(i) would be equally effective for the 
                        implementation of the rights and protections 
                        under this section; and
                            ``(ii) would promote uniformity in the 
                        application of Federal law to agencies of the 
                        executive branch of the Federal Government.
    ``(e) Effective Date.--Subsections (a), (b), and (c) shall take 
effect on the earlier of--
            ``(1) the effective date of regulations issued under 
        subsection (d); or
            ``(2) October 1, 1998.

(42)Page 19, strike out lines 19 through 21 and insert:
``Sec. 425. Rights and protections under the Occupational Safety and 
              Health Act of 1970; procedures for remedy of violations

(43)Page 21, line 21, strike out [he] and insert: the employer

(44)Page 22, lines 16 and 17, strike out [appropriate United States 
circuit court of appeals] and insert: United States Court of Appeals 
for the Federal Circuit

(45)Page 23, line 4, strike out [President] and insert: President, or 
the designee of the President,

(46)Page 23, lines 10 and 11, strike out [subsection (a) except to the 
extent that the President] and insert: subsections (a) and (b)--
                    ``(A) except to the extent that the President or 
                designee

(47)Page 23, line 15, strike out [section.] and insert: section; and
                    ``(B) except that the President or designee may, at 
                the discretion of the President or designee, issue 
                regulations to implement a provision of section 19 of 
                the Occupational Safety and Health Act of 1970 that 
                applies to agencies or employees of the executive 
                branch of the Federal Government in lieu of an 
                analogous statutory provision referred to in subsection 
                (a) or (b), if the issuance of such regulations--
                            ``(i) would be equally effective for the 
                        implementation of the rights and protections 
                        under this section; and
                            ``(ii) would promote uniformity in the 
                        application of Federal law to employees in the 
                        executive branch of the Federal Government.

(48)Page 23, after line 21, insert:
    ``(e) Effective Date.--Subsections (a) through (c) shall take 
effect on the earlier of--
            ``(1) the effective date of regulations issued under 
        subsection (d); or
            ``(2) October 1, 1998.

(49)Page 24, strike out lines 2 through 5 and insert:
``Sec. 431. Application of chapter 71 of title 5, relating to Federal 
              service labor-management relations; procedures for remedy 
              of violations

(50)Page 25, line 5, strike out [deems] and insert: may determine that 
a modification of such regulations is

(51)Page 25, line 19, strike out [Federal Labor Relations]

(52)Page 26, line 19, strike out [Advisors] and insert: Advisers

(53)Page 26, line 22, after ``et;'' insert: and

(54)Page 26, line 24, strike out [Policy; and] and insert: Policy.

(55)Page 27, strike out lines 1 and 2 and insert:
    ``(e) Effective Date.--
            ``(1) In general.--Except as provided in paragraph (2), 
        subsections (a) and (b) shall take effect on the earlier of--
                    ``(A) the effective date of regulations issued 
                under subsection (c); or
                    ``(B) October 1, 1998.
            ``(2) Certain employing offices.--Subsections (a) and (b) 
        shall take effect, with respect to employing offices, and 
        employees of employing offices, referred to in subsection 
        (d)(2), on the earlier of--
                    ``(A) the effective date of regulations issued 
                under subsection (d); or
                    ``(B) October 1, 1998.

(56)Page 27, strike out lines 4 and 5 and insert:
``Sec. 435. Generally applicable remedies and limitations

(57)Page 27, line 9, strike out [420] and insert: 421

(58)Page 29, strike out lines 3 through 7 and insert:
    ``(g) Political Affiliation.--It shall not be a violation of any 
provision of this chapter to consider, or make any employment decision 
based on, the party affiliation, or political compatibility with the 
employing office, of an employee who is a covered employee.

(59)Page 29, strike out lines 8 and 9 and insert:

   ``SUBCHAPTER III--ADMINISTRATIVE AND JUDICIAL DISPUTE RESOLUTION 
                               PROCEDURES

(60)Page 29, strike out lines 10 and 11 and insert:
``Sec. 451. Procedure for consideration of alleged violations

(61)Page 30, strike out line 1 and insert:
``Sec. 452. Counseling and mediation

(62)Page 30, line 2, strike out [President] and insert: President, or 
the designee of the President,

(63)Page 30, strike out line 13 and insert:
``Sec. 453. Election of proceeding

(64)Page 30, lines 18 and 19, strike out [administrative]

(65)Page 30, strike out line 23 and insert:
``Sec. 454. Appropriate agencies

(66)Page 31, line 2, after ``Board.'' insert: The complaint in an 
action involving such an alleged violation shall be processed under the 
procedures specified by the President, or the designee of the 
President, in such regulations as the President or designee may issue.

(67)Page 31, lines 12 and 13, strike out [other Federal employee] and 
insert: employee in the executive branch of the Federal Government 
(other than a covered employee)

(68)Page 31, line 14, strike out [However, in] and insert: In

(69)Page 31, line 16, strike out [(c)(1)]

(70)Page 32, lines 7 and 8, strike out [appropriate circuit court of 
appeals] and insert: United States Court of Appeals for the Federal 
Circuit

(71)Page 32, strike out line 9 and insert:
``Sec. 455. Effect of failure to issue regulations

(72)Page 32, lines 10 and 11, strike out [President] and insert: 
President, or the designee of the President,

(73)Page 32, strike out line 17 and insert:
``Sec. 456. Confidentiality

(74)Page 33, strike out line 1 and all that follows over to and 
including line 20 on page 38

(75)Page 38, strike out all after line 20 over to and including line 5 
on page 39 and insert:

                    ``SUBCHAPTER IV--EFFECTIVE DATE

``Sec. 471. Effective date
    ``(a) In General.--Except as otherwise provided in this chapter, 
this chapter shall take effect on October 1, 1997.
    ``(b) Regulations.--Sections 411(d), 412(c), 413(c), 414(c), 
415(c), 416(c), 421(d), 425(d), 431(c), 431(d), 452(a), and 454(a) 
shall take effect on the date of enactment of this Act.
    (b) Regulations.--Appropriate measures shall be taken to ensure 
that--
            (1) any regulations required to implement section 411 of 
        title 3, United States Code, shall be in effect by October 1, 
        1997; and
            (2) any other regulations needed to implement chapter 5 of 
        title 3, United States Code shall be in effect as soon as 
        practicable, but not later than October 1, 1998.

(76)Page 39, line 10, strike out [(1) Chapter] and insert:
            ``(1) In general.--Chapter

(77)Page 39, line 15, strike out all after ``179,'' down to and 
including ``Circuit)'' in line 16 and insert: the United States Court 
of Appeals for the Federal Circuit

(78)Page 39, strike out lines 22 and 23 and insert: made under part D 
of subchapter II of chapter 5 of title 3, notwithstanding section 7123 
of title 5; or

(79)Page 40, strike out lines 7 through 10

(80)Page 40, line 11, strike out [(2) The table of sections for chapter 
158] and insert:
            ``(2) Table of sections.--The table of sections for chapter 
        83

(81)Page 40, line 23, strike out [(A) Chapter] and insert:
                    ``(A) In general.--Chapter

(82)Page 41, line 7, strike out [(B)] and insert: 
                    ``(B) Table of sections.--

(83)Page 41, line 10, strike out [(A)]

(84)Page 41, line 12, strike out [Any] and insert: ``Any

(85)Page 41, strike out line 14 and all that follows down to and 
including ``Part'' in line 15 and insert:
    (c) Procedure.--Part

(86)Page 43, line 3, strike out [President] and insert: President, the 
designee of the President, or the Federal Labor Relations Authority

(87)Page 43, line 24, strike out [420] and insert: 421

(88)Page 44, after line 7 insert:
    ``(c) Punitive Damages.--Except as otherwise provided in chapter 5 
of title 3, no punitive damages may be awarded with respect to any 
claim under chapter 5 of title 3.

(89)Page 44, line 16, strike out [such office] and insert: the office 
involved

(90)Page 45, strike out lines 1 through 12 and insert:
``Sec. 3908. Definitions.
    ``For purposes of applying this chapter, the terms `employing 
office' and `covered employee' have the meanings given those terms in 
section 401 of title 3.''.
    (d) Effective Date.--The amendments made by this section shall take 
effect on October 1, 1997.

(91)Page 45, line 13, strike out [(1)]

(92)Page 45, strike out line 16 and all that follows over to and 
including line 5 on page 52 and insert:

SEC. 4. APPLICABILITY OF FUTURE EMPLOYMENT LAWS.

    (a) In General.--Each provision of Federal law that is made 
applicable to the legislative branch under section 102 of the 
Congressional Accountability Act of 1995 (2 U.S.C. 1302), and that is 
enacted later than 12 months after the date of the enactment of this 
Act, shall be deemed to apply with respect to ``employing offices'' and 
``covered employees'' (within the meaning of section 401 of title 3, 
United States Code, as added by this Act), unless such law specifically 
provides otherwise and expressly cites this section.
    (b) Regulations.--
            (1) In general.--The President, or the designee of the 
        President, shall issue regulations to implement such provision.
            (2) Agency regulations.--The regulations issued under 
        paragraph (1) to implement a provision shall be the same as 
        substantive regulations promulgated by the head of the 
        appropriate executive agency to implement the provision, except 
        to the extent that the President or designee may determine, for 
        good cause shown and stated together with the regulation, that 
        a modification of such regulations would be more effective for 
        the implementation of the rights and protections under the 
        section.

(93)Page 52, line 6, strike out [7. repeal of section 320] and insert: 
5. repeal of section 303

(94)Page 52, lines 8 and 9, strike out [320 of the Government Employee 
Rights Act of 1991] and insert: 303 of the Government Employee Rights 
Act of 1991 (as redesignated by section 504(a)(3) of the Congressional 
Accountability Act of 1995)

(95)Page 52, strike out lines 10 and 11 and insert:
    (b) Effective Date.--This section shall take effect on October 1, 
1997.

(96)Page 52, line 13, strike out [in which the] and insert: under such 
section 303 in which a

(97)Page 52, strike out all after line 16 over to and including line 2 
on page 58

            Attest:

                                                             Secretary.
104th CONGRESS

  2d Session

                               H. R. 3452

_______________________________________________________________________

                               AMENDMENTS

HR 3452 EAS----2
HR 3452 EAS----3
HR 3452 EAS----4
HR 3452 EAS----5