[Congressional Record Volume 142, Number 142 (Friday, October 4, 1996)]
[House]
[Pages H12283-H12286]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          PRESIDENTIAL AND EXECUTIVE OFFICE ACCOUNTABILITY ACT

  Mr. CLINGER. Mr. Speaker, I ask unanimous consent to take from the 
Speaker's table the bill (H.R. 3452) to make certain laws applicable to 
the Executive Office of the President, and for other purposes, with 
Senate amendments thereto, and concur in the Senate amendments.
  The Clerk read the title of the bill.
  The Clerk read the Senate amendments, as follows:

       Senate amendments:
       In section 1(b), strike the items relating to sections 4 
     through 9, and insert the following:

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

       In the table of contents relating to title 3, United States 
     Code (as added by section 2), redesignate the item relating 
     to section 420 as an item relating to section 421.
       In the table of contents relating to title 3, United States 
     Code (as added by section 2), redesignate the item relating 
     to section 430 as an item relating to section 431.
       In the table of contents relating to title 3, United States 
     Code (as added by section 2), in the item relating to 
     subchapter III, strike the hyphen and insert a space.
       In the table of contents relating to title 3, United States 
     Code (as added by section 2), strike the item relating to 
     section 457.
       In the table of contents for title 3, United States Code 
     (as amended by section 2), strike the items relating to 
     subchapters IV and V and insert the following:

                    ``SUBCHAPTER IV--EFFECTIVE DATE

``471. Effective date.''.

       In section 401 of title 3, United States Code (as added by 
     section 2), insert before ``Except'' the following:
       ``(a) In General.--''.
       In section 401 of title 3, United States Code (as added by 
     section 2), add at the end the following:
       ``(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).''.
       In section 411 of title 3, United States Code (as added by 
     section 2), redesignate subsection (d) as subsection (e).
       In section 411 of title 3, United States Code (as added by 
     section 2 and so redesignated) insert after subsection (c) 
     the following:
       ``(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.''.
       In section 411 of title 3, United States Code (as added by 
     section 2 and so redesignated), add at the end the following:
       ``(f) Effective Date.--This section shall take effect on 
     October 1, 1997.''.
       In section 412(b) of title 3, United States Code (as added 
     by section 2), strike ``such damages'' and insert ``such 
     remedy''.
       In section 412 of title 3, United States Code (as added by 
     section 2), add at the end the following:
       ``(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.''.
       In section 413(c)(1) of title 3, United States Code (as 
     added by section 2), strike ``President'' and insert 
     ``President, or the designee of the President,''.
       In section 413(c)(2) of title 3, United States Code (as 
     added by section 2), strike ``subsection (a) except insofar 
     as the President'' and insert ``subsections (a) and (b) 
     except to the extent that the President or designee''.
       In section 413(c)(3) of title 3, United States Code (as 
     added by section 2), strike ``President'' and insert 
     ``President or designee''.
       In section 413 of title 3, United States Code (as added by 
     section 2), add at the end the following:
       ``(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.''.
       In section 414(c)(1) of title 3, United States Code (as 
     added by section 2), strike ``President'' and insert 
     ``President, or the designee of the President,''.
       In section 414(c)(2) of title 3, United States Code (as 
     added by section 2), strike ``insofar as the President'' and 
     insert ``to the extent that the President or designee''.
       In section 414 of title 3, United States Code (as added by 
     section 2), add at the end the following:
       ``(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.''.
       In section 415(a)(2)(A) of title 3, United States Code (as 
     added by section 2), strike ``does not succeed himself'' and 
     insert ``is not elected to a successive term''.
       In section 415(c)(1) of title 3, United States Code (as 
     added by section 2), strike ``President'' and insert 
     ``President, or the designee of the President,''.
       In section 415(c)(2) of title 3, United States Code (as 
     added by section 2), strike ``subsection (a) except insofar 
     as the President'' and insert ``subsections (a) and (b) 
     except to the extent that the President or designee''.

       In section 415 of title 3, United States Code (as added by 
     section 2), add at the end the following:

[[Page H12284]]

       ``(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.''.
       In section 416(c)(1) of title 3, United States Code (as 
     added by section 2), strike ``President'' and insert 
     ``President, or the designee of the President,''.
       In section 416(c) of title 3, United States Code (as added 
     by section 2), strike paragraph (2) and insert the following:
       ``(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.''.
       In section 416 of title 3, United States Code (as added by 
     section 2), add at the end the following:
       ``(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.''.
       In section 417 of title 3, United States Code (as added by 
     section 2), strike subsection (c).
       In section 420 of title 3, United States Code (as added by 
     section 2), strike ``420.'' and insert ``421.''.
       In section 421 of title 3, United States Code (as added by 
     section 2 and so redesignated), add at the end the following:
       ``(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.''.
       In section 425(c)(3)(A) of title 3, United States Code (as 
     added by section 2), strike ``he'' and insert ``the 
     employer''.
       In section 425(c)(5) of title 3, United States Code (as 
     added by section 2), strike ``appropriate United States 
     circuit court of appeals'' and insert ``United States Court 
     of Appeals for the Federal Circuit''.
       In section 425(d)(1) of title 3, United States Code (as 
     added by section 2), strike ``President'' and insert 
     ``President, or the designee of the President,''.
       In section 425(d)(2) of title 3, United States Code (as 
     added by section 2), strike ``subsection (a) except to the 
     extent that the President'' and insert the following: 
     ``subsections (a) and (b)--
       `` `(A) except to the extent that the President or 
     designee''.
       In section 425(d)(2) of title 3, United States Code (as 
     added by section 2), strike the period at the end and insert 
     the following: ``; 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.''.
       In section 425 of title 3, United States Code (as added by 
     section 2), add at the end the following:
       ``(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.''.
       In section 430 of title 3, United States Code (as added by 
     section 2), strike ``430.'' and insert ``431.''.
       In section 431(c)(2)(B) of title 3, United States Code (as 
     added by section 2 and so redesignated), strike ``deems'' and 
     insert ``may determine that a modification of such 
     regulations is''.
       In section 431(d)(1) of title 3, United States Code (as 
     added by section 2 and so redesignated), strike ``Federal 
     Labor Relations''.
       In section 431(d)(2)(E) of title 3, United States Code (as 
     added by section 2 and so redesignated), strike ``Advisors'' 
     and insert ``Advisers''.
       In section 431(d)(2)(G) of title 3, United States Code (as 
     added by section 2 and so redesignated), strike the semicolon 
     and insert ``; and''.
       In section 431(d)(2)(H) of title 3, United States Code (as 
     added by section 2 and so redesignated), strike ``; and'' and 
     insert a period.
       In section 431(d)(2) of title 3, United States Code (as 
     added by section 2 and so redesignated), strike subparagraph 
     (I).
       In section 431 of title 3, United States Code (as added by 
     section 2 and so redesignated), add at the end the following:
       ``(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.''.
       In section 435(a) of title 3, United States Code (as added 
     by section 2), strike ``420'' and insert ``421''.
       In section 435 of title 3, United States Code (as added by 
     section 2), strike subsection (g) and insert the following:
       ``(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.''.
       In section 452(a) of title 3, United States Code (as added 
     by section 2), strike ``President'' and insert ``President, 
     or the designee of the President,''.
       In section 453(1) of title 3, United States Code (as added 
     by section 2), strike ``administrative''.
       In section 454(a) of title 3, United States Code (as added 
     by section 2), add at the end the following: ``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.''.
       In section 454(b)(1) of title 3, United States Code (as 
     added by section 2), strike ``other Federal employee'' and 
     insert ``employee in the executive branch of the Federal 
     Government (other than a covered employee)''.
       In section 454(b)(2) of title 3, United States Code (as 
     added by section 2), strike ``However, in'' and insert 
     ``In''.
       In section 454(b)(2) of title 3, United States Code (as 
     added by section 2), strike ``(c)(1)''.
       In section 454(b)(3) of title 3, United States Code (as 
     added by section 2), strike ``appropriate circuit court of 
     appeals'' and insert ``United States Court of Appeals for the 
     Federal Circuit''.
       In section 455 of title 3, United States Code (as added by 
     section 2), strike ``President'' and insert ``President, or 
     the designee of the President,''.
       In title 3, United States Code (as amended by section 2), 
     strike section 457.
       In title 3, United States Code (as amended by section 2), 
     strike subchapter IV.
       In title 3, United States Code (as amended by section 2), 
     redesignate subchapter V as subchapter IV.
       In title 3, United States Code (as amended by section 2), 
     strike section 481 and insert the following:

     ``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.''.
       Section 2(b) is amended to read as follows:
       (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

[[Page H12285]]

       (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.
       In section 3(a)(1), strike ``(1) Chapter'' and insert the 
     following:
       ``(1) In general.--Chapter''.
       In section 1296(a) of title 3, United States Code (as added 
     by section 3(a)(1)), strike ``the courts of appeals (other 
     than the United States Court of Appeals for the Federal 
     Circuit)'' and insert ``the United States Court of Appeals 
     for the Federal Circuit''.
       In section 1296(a)(2) of title 3, United States Code (as 
     added by section 3(a)(1)), strike ``under chapter'' and all 
     that follows through ``such title'' and insert ``made under 
     part D of subchapter II of chapter 5 of title 3, 
     notwithstanding section 7123 of title 5''.
       In section 1296 of title 3, United States Code (as added by 
     section 3(a)(1)), strike subsection (c).
       In section 3(a)(2), strike ``(2) The table of sections for 
     chapter 158'' and insert the following:
       ``(2) Table of sections.--The table of sections for chapter 
     83''.
       In section 3(b)(2)(A), strike ``(A) Chapter'' and insert 
     the following:
       ``(A) In general.--Chapter''.
       In section 3(b)(2)(B), strike ``(B)'' and insert the 
     following:
       ``(B) Table of sections.--''.
       In section 3(b)(3), strike ``(A)''.
       In section 3(b)(3), insert opening quotation marks after 
     ``striking''.
       In section 3(c), strike ``Procedure.--'' and all that 
     follows through ``Part VI'' and insert the following: 
     ``Procedure.--Part VI''.
       In section 3903 of title 28, United States Code (as added 
     by section 3(c)), strike ``President'' and insert 
     ``President, the designee of the President, or the Federal 
     Labor Relations Authority''.
       In section 3905(a) of title 28, United States Code (as 
     added by section 3(c)), strike ``420'' and insert ``421''.
       In section 3905 of title 28, United States Code (as added 
     by section 3(c)), add at the end the following:
       ``(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.''.
       In section 3906(2) of title 28, United States Code (as 
     added by section 3(c)), strike ``such office'' and insert 
     ``the office involved''.
       In title 28, United States Code (as amended by section 
     3(c)), strike section 3908 and insert the following:

     ``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.''.
       Section 3(d) is amended to read as follows:
       (d) Effective Date.--The amendments made by this section 
     shall take effect on October 1, 1997.
       In section 3(e), strike ``(1)''.
       Strike sections 4 and 5.
       Strike section 6 and insert the following:

     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.
       In section 7, in the section heading, strike ``320'' and 
     insert ``303''.
       In section 7(a), strike ``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)''.
       Section 7(b) is amended to read as follows:
       (b) Effective Date.--This section shall take effect on 
     October 1, 1997.
       In section 7(c), strike ``in which the'' and insert ``under 
     such section 303 in which a''.
       Redesignate section 7 as section 5.
       Strike sections 8 and 9.
       In chapter 5 of title 3, United States Code (as added by 
     section 2), strike the subchapter heading for subchapter I 
     and insert the following:

                 ``SUBCHAPTER I--GENERAL PROVISIONS''.

       In chapter 5 of title 3, United States Code (as added by 
     section 2), strike the subchapter heading for subchapter II 
     and insert the following:

        ``SUBCHAPTER II--EXTENSION OF RIGHTS AND PROTECTIONS''.

       In chapter 5 of title 3, United States Code (as added by 
     section 2), strike the subchapter heading for subchapter III 
     and insert the following:

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

       In chapter 5 of title 3, United States Code (as added by 
     section 2), strike the subchapter heading for subchapter IV 
     (as so redesignated) and insert the following:

                   ``SUBCHAPTER IV--EFFECTIVE DATE''.

       In section 401 of title 3, United States Code (as added by 
     section 2), strike the section heading and insert the 
     following:

     ``Sec. 401. Definitions''.

       In section 402 of title 3, United States Code (as added by 
     section 2), strike the section heading and insert the 
     following:

     ``Sec. 402. Application of laws''.

       In section 411 of title 3, United States Code (as added by 
     section 2), strike the section heading and insert the 
     following:

     ``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''.

       In section 412 of title 3, United States Code (as added by 
     section 2), strike the section heading and insert the 
     following:

     ``Sec. 412. Rights and protections under the Family and 
       Medical Leave Act of 1993''.

       In section 413 of title 3, United States Code (as added by 
     section 2), strike the section heading and insert the 
     following:

     ``Sec. 413. Rights and protections under the Fair Labor 
       Standards Act of 1938''.

       In section 414 of title 3, United States Code (as added by 
     section 2), strike the section heading and insert the 
     following:

     ``Sec. 414. Rights and protections under the Employee 
       Polygraph Protection Act of 1988''.

       In section 415 of title 3, United States Code (as added by 
     section 2), strike the section heading and insert the 
     following:

     ``Sec. 415. Rights and protections under the Worker 
       Adjustment and Retraining Notification Act''.

       In section 416 of title 3, United States Code (as added by 
     section 2), strike the section heading and insert the 
     following:

     ``Sec. 416. Rights and protections relating to veterans' 
       employment and reemployment''.

       In section 417 of title 3, United States Code (as added by 
     section 2), strike the section heading and insert the 
     following:

     ``Sec. 417. Prohibition of intimidation or reprisal''.

       In section 421 of title 3, United States Code (as added by 
     section 2 and so redesignated), strike the section heading 
     and insert the following:

     ``Sec. 421. Rights and protections under the Americans with 
       Disabilities Act of 1990''.

       In section 425 of title 3, United States Code (as added by 
     section 2), strike the section heading and insert the 
     following:

     ``Sec. 425. Rights and protections under the Occupational 
       Safety and Health Act of 1970; procedures for remedy of 
       violations''.

       In section 431 of title 3, United States Code (as added by 
     section 2 and so redesignated), strike the section heading 
     and insert the following:

     ``Sec. 431. Application of chapter 71 of title 5, relating to 
       Federal service labor-management relations; procedures for 
       remedy of violations''.

       In section 435 of title 3, United States Code (as added by 
     section 2), strike the section heading and insert the 
     following:

     ``Sec. 435. Generally applicable remedies and limitations''.

       In section 451 of title 3, United States Code (as added by 
     section 2), strike the section heading and insert the 
     following:

     ``Sec. 451. Procedure for consideration of alleged 
       violations''.

       In section 452 of title 3, United States Code (as added by 
     section 2), strike the section heading and insert the 
     following:

     ``Sec. 452. Counseling and mediation''.

       In section 453 of title 3, United States Code (as added by 
     section 2), strike the section heading and insert the 
     following:

     ``Sec. 453. Election of proceeding''.

       In section 454 of title 3, United States Code (as added by 
     section 2), strike the section heading and insert the 
     following:

     ``Sec. 454. Appropriate agencies''.

       In section 455 of title 3, United States Code (as added by 
     section 2), strike the section heading and insert the 
     following:

     ``Sec. 455. Effect of failure to issue regulations''.

       In section 456 of title 3, United States Code (as added by 
     section 2), strike the section heading and insert the 
     following:

     ``Sec. 456. Confidentiality''.

       In section 471 of title 3, United States Code (as added by 
     section 2 and so redesignated), strike the section heading 
     and insert the following:

     ``Sec. 471. Effective date''.

  The SPEAKER pro tempore (during the reading). Without objection, the 
Senate amendments are considered as read and printed in the Record.
  There was no objection.
  The SPEAKER pro tempore. Is there objection to the initial request of 
the gentleman from Pennsylvania?

[[Page H12286]]

  Mrs. SCHROEDER. Mr. Speaker, reserving the right to object, I would 
like to ask the distinguished chairman several questions about this 
bill.
  Mr. Speaker, my understanding is this is to parallel the 
Congressional Accountability Act, and I know that the House has decided 
not to allow unions for legislative employees. What are we doing in 
this bill then vis-a-vis executive branch employees?
  Mr. CLINGER. Mr. Speaker, if the gentlewoman will yield, my 
understanding is this bill tracks the Congressional Accountability Act. 
I am advised there is no provision in this bill with regard to union 
representation.
  Mrs. SCHROEDER. Mr. Speaker, further reserving the right to object, I 
thank the gentleman for that. The second question I have is about the 
inspector general. There were folks saying that the inspector general 
in the White House is given more authority than the inspector general 
has under the congressional accountability laws.
  Mr. CLINGER. If the gentlewoman would yield further, I would advise 
the gentlewoman that the provision with regard to inspector general, as 
well as the provision with regard to chief financial officer which were 
included in the House-passed version of the bill, were stricken by the 
Senate and are not included in this unanimous-consent request.
  Mrs. SCHROEDER. I see. So basically this is as close a mirror to what 
the Congressional Accountability Act was, and the areas that we have 
blocked by just not implementing them, would the White House be allowed 
to do the same?
  Mr. CLINGER. I am sorry, would the gentlewoman repeat the question?
  Mrs. SCHROEDER. As the gentleman knows, there have been parts of the 
Congressional Accountability Act that we have not implemented fully 
here. Would the White House be allowed that same leeway, to not 
implement in the areas where the House is not implementing?
  Mr. CLINGER. Mr. Speaker, if the gentlewoman would yield further, as 
I would suggest to the gentlewoman, I think since the act is designed 
to track the congressional version, obviously if portions of it have 
not been implemented in the House, they would be deferred in the 
executive branch as well.
  Mrs. SCHROEDER. Mr. Speaker, further reserving the right to object, I 
thank the gentleman. I am one of the people who really thinks both 
should be fully under the laws we pass for other people, but in my 
entire 24 years here we tend to pass it and then exempt all sorts of 
things. I want to be sure that we have not done that vis-a-vis 
ourselves, but turned around and done it to the executive branch. I 
think we ought to be treating both the same. I think we both ought to 
get rid of all roadblocks and be under the laws that everybody else is 
under. What the gentleman is assuring me is that his intent is to treat 
the executive branch exactly the same way he has treated us through 
this House.
  Mr. CLINGER. If the gentlewoman would yield further, precisely the 
same way as we are dealt with here in the House.
  Mrs. SCHROEDER. Mr. Speaker, I withdraw my reservation of objection.
  The SPEAKER pro tempore. Is there objection to the initial request of 
the gentleman from Pennsylvania?
  Mr. MONTGOMERY. Mr. Speaker, reserving the right to object, I think 
the veterans preference that was passed under the Mica bill is not in 
this bill we are considering now.
  Mr. CLINGER. Mr. Speaker, if the gentleman would yield, the gentleman 
is correct. It is not included in this measure.
  Mr. MONTGOMERY. The Senate did drop the provisions on the veterans 
provision.
  Mr. CLINGER. The gentleman is correct.
  Mrs. MALONEY. Mr. Speaker, I strongly support H.R. 3452, the 
Presidential and Executive Office Accountability Act, as amended by the 
other body. The basic principle behind this legislation is that the 
Federal Government should be subject to the same laws and regulations 
as the private sector. Congress has already passed the Congressional 
Accountability Act, and there is no good reason why the Executive 
Office of the President should not also be subject to the same laws as 
Congress and the private sector.
  The other body has improved this bill by deleting two controversial 
provisions from the House-passed version--one called for a compliance 
board and the other for establishing an inspector general in the White 
House. The compliance board would have been unnecessary and overly 
bureaucratic, as White House employees already have recourse to the 
Merit Systems Protection Board. The provision establishing an inspector 
general in the White House was, in my view, costly, unnecessary, and of 
dubious constitutionality. I am glad that we will have an opportunity 
for full and open debate on this issue in the future.
  Mr. Speaker, H.R. 3452 is a good bill, and I want to thank 
Representative Horn and Chairman Clinger for their willingness to work 
with the minority as it made its way through the legislative process.
  Mr. MONTGOMERY. Mr. Speaker, I withdraw my reservation of objection.
  Mr. SPEAKER pro tempore. Is there objection to the initial request of 
the gentleman from Pennsylvania?
  There was no objection.
  A motion to reconsider was laid on the table.

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