[Congressional Record Volume 140, Number 141 (Monday, October 3, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 AUTHORIZATION OF APPROPRIATIONS TO THE OFFICE OF SPECIAL COUNSEL AND 
                   THE MERIT SYSTEMS PROTECTION BOARD

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                  PRYOR (AND LEVIN) AMENDMENT NO. 2610

  Mr. FORD (for Mr. Pryor and Mr. Levin) proposed an amendment to the 
bill (S. 622) to authorize appropriations for the United States Office 
of Special Counsel, the Merit Systems Protection Board, and for other 
purposes; as follows:

       On page 12, beginning with line 24, strike out all through 
     line 4 on page 13 and insert in lieu thereof the following:
       ``(E) A determination by the Special Counsel under this 
     paragraph shall not be cited or referred to in any proceeding 
     under this paragraph or any other administrative or judicial 
     proceeding for any purpose, without the consent of the person 
     submitting the allegation of a prohibited personnel 
     practice.''.
       On page 14, line 10, insert ``contributing'' before 
     ``factor''.
       On page 14, beginning with line 22, strike out all through 
     line 8 on page 15.
       On page 15, strike out lines 14 through 17 and insert in 
     lieu thereof the following:
       (2) by striking out clause (x) and inserting in lieu 
     thereof the following:
       ``(x) a decision to order psychiatric testing or 
     examination; and
       ``(ix) any other significant change in duties, 
     responsibilities, or working conditions;''; and
       On page 15, line 19, strike out ``redesignated'' and insert 
     in lieu thereof ``added''.
       On page 16, strike out lines 21 through 24.
       On page 17, line 1, strike out ``(e)'' and insert in lieu 
     thereof ``(d)''.
       On page 19, insert between lines 6 and 7 the following new 
     section:

     SEC. 9. EXPENSES RELATED TO FEDERAL RETIREMENT APPEALS.

       Section 8348(a) of title 5, United States Code, is 
     amended--
       (1) in paragraph (1)(B) by striking out ``and'' at the end 
     thereof;
       (2) in paragraph (2) by striking out the period and 
     inserting in lieu thereof a semicolon and ``and''; and
       (3) by adding at the end thereof the following new 
     paragraph:
       ``(3) is made available, subject to such annual limitation 
     as the Congress may prescribe, for any expenses incurred by 
     the Merit Systems Protection Board in the administration of 
     appeals authorized under sections 8347(d) and 8461(e) of this 
     title.''.

     SEC. 10. ELECTION OF APPLICATION OF LAWS BY EMPLOYEES OF THE 
                   RESOLUTION TRUST CORPORATION AND THRIFT 
                   DEPOSITOR PROTECTION OVERSIGHT BOARD.

       (a) Election of Provisions of Title 5, United States 
     Code.--If an individual who believes he has been discharged 
     or discriminated against in violation of section 21a(q)(1) of 
     the Federal Home Loan Bank Act (12 U.S.C. 1441a(q)(1)) seeks 
     an administrative corrective action or judicial remedy for 
     such violation under the provisions of chapters 12 and 23 of 
     title 5, United Steates Code, the provisions of section 
     21a(q) of such Act shall not apply to such alleged violation.
       (b) Election of Provisions of Federal Home Loan Bank Act.--
     If an individual files a civil action under section 21a(q)(2) 
     of the Federal Home Loan Bank Act (12 U.S.C. 1441a(q)(2)), 
     the provisions of chapters 12 and 23 of title 5, United 
     States Code, shall not apply to any alleged violation of 
     section 21a(q)(1) of such Act.
       On page 19, line 7, strike out ``SEC. 9.'' and insert in 
     lieu thereof ``SEC. 11.''.
       On page 20, line 8, strike out ``SEC. 10.'' and insert in 
     lieu thereof ``SEC. 12.''.
       On page 21, line 1, strike out ``SEC. 11.'' and insert in 
     lieu thereof ``SEC. 13.''.
                                 ______
                                 

                       DORGAN AMENDMENT NO. 2611

  Mr. FORD (for Mr. Dorgan) proposed an amendment to the bill S. 622, 
supra; as follows:

       On page 11, insert between lines 21 and 22 the following 
     new subsection:
       (c) Status Report Before Termination of Investigation.--
     Section 1214(a) of title 5, United States Code, is amended--
       (1) in paragraph (1)--
       (A) by adding at the end thereof the following new 
     subparagraph:
       ``(D) No later than 10 days before the Special Counsel 
     terminates any investigation of a prohibited personnel 
     practice, the Special Counsel shall provide a written status 
     report to the person who made the allegation of the proposed 
     findings of fact and legal conclusions. The person may submit 
     written comments about the report to the Special Counsel.''; 
     and
       (2) in paragraph (2)(A)--
       (A) in clause (ii) by striking out ``and'' after the 
     semicolon;
       (B) in clause (iii) by striking out the period and 
     inserting in lieu thereof a semicolon and ``and''; and
       (C) by adding at the end thereof the following new clause:
       ``(iv) a response to any comments submitted under paragraph 
     (1)(D).''.
       On page 11, line 22, strike out ``(c)'' and insert in lieu 
     thereof ``(d)''.
       On page 13, line 5, strike out ``(d)'' and insert in lieu 
     thereof ``(e)''.
       On page 16, line 15 strike out the first period and insert 
     in lieu thereof a semicolon and ``and''.

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