II 

115TH CONGRESS 

1ST SESSION S. 997 

To permit employees to request, and to ensure employers consider requests 

for, flexible work terms and conditions, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 1, 2017 

Mr. CASEY introduced the following bill; which was read twice and referred 

to the Committee on Health, Education, Labor, and Pensions 

A BILL 

To permit employees to request, and to ensure employers 

consider requests for, flexible work terms and conditions, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Flexibility for Working 

5 Families Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress makes the following findings: 

8 (1) Between 1960 and 2010, the demographics 

9 of the workforce of the United States have under10 gone significant changes. As a result of the changes, 


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1 the modern workforce has a more diverse set of 

2 needs. 

3 (2) Over time, increasing numbers of women 

4 have joined the workforce. The Bureau of Labor 

5 Statistics reports that in 1960 women composed 33 

6 percent of employed persons, whereas in 2010 they 

7 were 47 percent of employed persons. 

8 (3) Fewer households have at least 1 parent at 

9 home. According to the Bureau of the Census, more 

10 than 70 percent of children are raised in families 

11 that are headed by either a working single parent or 

12 2 working parents. Furthermore, the number of 

13 households with married parents and children, in 

14 which both parents were in the workforce, rose to 66 

15 percent in 2010. The number of single-parent fami16 lies has also increased, almost tripling between 1960 

17 and 2010, from 5 percent in 1960, to 14 percent in 

18 2010. 

19 (4) More households are caring for older rel20 atives. According to the Bureau of the Census, the 

21 average life expectancy for a child born in 2010 is 

22 78.3 years, almost 10 years longer than for a child 

23 born in 1960. A 2009 survey by the National Alli24 ance for Caregiving found that 57 percent of persons 

25 who provide unpaid care to an adult or to a child 


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1 with special needs are employed, with 46 percent 

2 working full time and 11 percent working part time. 

3 (5) Many jobs are now located outside of city 

4 centers. Low-wage employees in particular have dif5 ficulty reaching jobs through public transportation 

6 during off-peak shifts, such as shifts that start in 

7 the evening or early morning. 

8 (6) In response to the needs of the modern 

9 workforce, some employers have instituted flexible 

10 work arrangements, which, according to Georgetown 

11 University Law Center’s Workplace Flexibility 2010 

12 initiative, are voluntary arrangements between em13 ployees and employers that alter the time or place 

14 at which work is conducted, or the amount of work 

15 that is conducted, in order to allow employees to 

16 more easily meet the needs of both work and family 

17 life. 

18 (7) The National Study of the Changing Work19 force, published in 2002 by the Families and Work 

20 Institute, found that employees with access to flexi21 ble work arrangements reported less interference be22 tween their job and family life, and fewer mental 

23 health problems. 

24 (8) Corporate Voices for Working Families 

25 found that implementing workplace flexibility imVerDate Sep 11 2014 03:38 May 05, 2017 Jkt 069200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S997.IS S997

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1 proves employee satisfaction, morale, and teamwork, 

2 as well as employee health, well-being, and resilience, 

3 and helps to reduce stress. 

4 (9) Flexible work arrangements have also been 

5 shown to improve the bottom line for businesses. 

6 Corporate Voices for Working Families found that 

7 implementing workplace flexibility improves the bot8 tom line by helping businesses to attract and retain 

9 key talent, increase employee retention, reduce em10 ployee turnover, overtime hours, and absenteeism, 

11 and enhance employee productivity, effectiveness, 

12 and engagement. 

13 (10) The President’s Council of Economic Advi14 sors found that, as more businesses adopt flexibility 

15 practices, the benefits to society, in the form of re16 duced traffic, improved employment outcomes, and 

17 more efficient allocation of employees to employers, 

18 may be greater than the gains to individual busi19 nesses and employees. 

20 (11) According to a 2011 Government Account21 ability Office report, a flexible work environment can 

22 increase and enhance employment opportunities for 

23 individuals with disabilities. 


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1 (12) The Society for Human Resource Manage2 ment believes that the key to getting the best out of 

3 every employee is a flexible work environment. 

4 (13) According to the National Partnership for 

5 Women and Families, businesses can retain their 

6 most valuable asset—a trained and committed work7 force—by offering flexible workplace policies. 

8 SEC. 3. DEFINITIONS. 

9 In this Act: 

10 (1) ADMINISTRATIVE OFFICER.—The term ‘‘ad11 ministrative officer’’, used with respect to an em12 ployer or an employee, means the corresponding in13 dividual or entity with authority to issue regulations 

14 under section 13. 

15 (2) EMPLOYEE.—The term ‘‘employee’’ means 

16 an individual— 

17 (A) who is— 

18 (i)(I) an employee (including an appli19 cant), as defined in section 3(e) of the Fair 

20 Labor Standards Act of 1938 (29 U.S.C. 

21 203(e)), who is not covered under any of 

22 clauses (ii) through (v), including such an 

23 employee of the Library of Congress, ex24 cept that a reference in such section to an 

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1 erence to an employer described in clauses 

2 (i)(I) and (ii) of paragraph (3)(A); or 

3 (II) an employee (including an appli4 cant) of the Government Accountability 

5 Office; 

6 (ii) a State employee (including an ap7 plicant) described in section 304(a) of the 

8 Government Employee Rights Act of 1991 

9 (42 U.S.C. 2000e–16c(a)); 

10 (iii) a covered employee (including an 

11 applicant), as defined in section 101 of the 

12 Congressional Accountability Act of 1995 

13 (2 U.S.C. 1301); 

14 (iv) a covered employee (including an 

15 applicant), as defined in section 411(c) of 

16 title 3, United States Code; or 

17 (v) a Federal officer or employee (in18 cluding an applicant) covered under sub19 chapter V of chapter 63 of title 5, United 

20 States Code; and 

21 (B) who works at least 20 hours per week 

22 or, in the alternative, at least 1,000 hours per 

23 year. 

24 (3) EMPLOYER.— 


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1 (A) IN GENERAL.—The term ‘‘employer’’ 

2 means a person who is— 

3 (i)(I) a covered employer, as defined 

4 in subparagraph (B), who is not covered 

5 under any of subclauses (II) through (V); 

6 (II) an entity employing a State em7 ployee described in section 304(a) of the 

8 Government Employee Rights Act of 1991 

9 (42 U.S.C. 2000e–16c(a)); 

10 (III) an employing office, as defined 

11 in section 101 of the Congressional Ac12 countability Act of 1995 (2 U.S.C. 1301); 

13 (IV) an employing office, as defined in 

14 section 411(c) of title 3, United States 

15 Code; or 

16 (V) an employing agency covered 

17 under subchapter V of chapter 63 of title 

18 5, United States Code; and 

19 (ii) engaged in commerce (including 

20 government), in the production of goods 

21 for commerce, or in an enterprise engaged 

22 in commerce (including government) or in 

23 the production of goods for commerce. 

24 (B) COVERED EMPLOYER.— 


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1 (i) IN GENERAL.—In subparagraph 

2 (A)(i)(I), the term ‘‘covered employer’’— 

3 (I) means any person engaged in 

4 commerce or in any industry or activ5 ity affecting commerce who employs 

6 15 or more employees for each work7 ing day during each of 20 or more 

8 calendar workweeks in the current or 

9 preceding calendar year; 

10 (II) includes— 

11 (aa) any person who acts, 

12 directly or indirectly, in the inter13 est of such an employer to any of 

14 the employees of such employer; 

15 and 

16 (bb) any successor in inter17 est of such an employer; and 

18 (III) includes an agency de19 scribed in clause (iii) or (iv) of sub20 paragraph (A) of section 101(4) of 

21 the Family and Medical Leave Act of 

22 1993 (29 U.S.C. 2611(4)), to which 

23 subparagraph (B) of such section 

24 shall apply. 


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1 (ii) DEFINITIONS.—For purposes of 

2 this subparagraph: 

3 (I) COMMERCE.—The terms 

4 ‘‘commerce’’ and ‘‘industry or activity 

5 affecting commerce’’ have the mean6 ings given the terms in section 101 of 

7 the Family and Medical Leave Act of 

8 1993 (29 U.S.C. 2611). 

9 (II) EMPLOYEE; PERSON.—The 

10 terms ‘‘employee’’ and ‘‘person’’ have 

11 the meanings given such terms in sec12 tion 3 of the Fair Labor Standards 

13 Act of 1938 (29 U.S.C. 203). 

14 (C) PREDECESSORS.—Any reference in 

15 this paragraph to an employer shall include a 

16 reference to any predecessor of such employer. 

17 (4) SECRETARY.—The term ‘‘Secretary’’ means 

18 the Secretary of Labor. 

19 (5) SUPERVISOR.— 

20 (A) IN GENERAL.—The term ‘‘supervisor’’ 

21 has the meaning given the term in section 2 of 

22 the National Labor Relations Act (29 U.S.C. 

23 152). 


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1 (B) APPLICATION.—For purposes of apply2 ing this paragraph, a reference in such sec3 tion— 

4 (i) to an employee shall be considered 

5 to be a reference to an employee, as de6 fined in this section; and 

7 (ii) to an employer shall be considered 

8 to be a reference to an employer, as de9 fined in this section. 

10 SEC. 4. STATUTORY RIGHT TO REQUEST FLEXIBLE WORK 

11 TERMS AND CONDITIONS. 

12 (a) IN GENERAL.—An employee may apply to the 

13 employee’s employer for a temporary or permanent change 

14 in the employee’s terms or conditions of employment if the 

15 change relates to— 

16 (1) the number of hours the employee is re17 quired to work; 

18 (2) the times when the employee is required to 

19 work or be on call for work; 

20 (3) where the employee is required to work; or 

21 (4) the amount of notification the employee re22 ceives of work schedule assignments. 

23 (b) CONTENTS.—An application submitted under this 

24 section shall— 


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1 (1) state that the application is an application 

2 described in subsection (a); 

3 (2) specify the change applied for and the date 

4 on which the employee requests that the change be5 comes effective; and 

6 (3) explain any effect the employee thinks the 

7 change applied for would have on the employer and 

8 how, in the employee’s opinion, the employer may 

9 deal with any such effect. 

10 (c) SUBMISSIONS.— 

11 (1) PERIOD BETWEEN SUBMISSIONS.—If an 

12 employee, who has submitted an application under 

13 this section to an employer, submits a further appli14 cation under this section to the same employer be15 fore the end of the 12-month period beginning with 

16 the date on which the previous application was sub17 mitted, that further application shall not be covered 

18 by section 5. 

19 (2) FORM AND TIMING.—The administrative of20 ficer shall, by regulation issued under section 13, 

21 specify— 

22 (A) the form of applications submitted 

23 under this section; and 

24 (B) when such an application shall be con25 sidered to be submitted. 


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1 SEC. 5. EMPLOYER’S DUTIES IN RELATION TO APPLICA2 TIONS. 

3 (a) IN GENERAL.—An employer to whom an em4 ployee submits an application under section 4 shall con5 sider the application, in accordance with regulations 

6 issued under section 13. 

7 (b) REGULATIONS.—Regulations described in sub8 section (a)— 

9 (1) shall include provisions providing— 

10 (A) that the employer and the employee 

11 shall hold a meeting to discuss an application 

12 submitted under section 4; 

13 (B) that the employer shall give the em14 ployee a written decision regarding the applica15 tion, within a reasonable period after the date 

16 of such meeting; 

17 (C) that a decision under subparagraph 

18 (B) to reject the application shall state the 

19 grounds for the decision, including whether 

20 those grounds included— 

21 (i) the identifiable cost of the pro22 posed change in a term or condition of em23 ployment requested in the application, in24 cluding the costs of loss of productivity, of 

25 retraining or hiring an employee, or of 


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1 transferring an employee from one facility 

2 to another facility; 

3 (ii) the overall financial resources in4 volved; 

5 (iii) for an employer with multiple fa6 cilities, the geographic separateness or ad7 ministrative or fiscal relationship of the 

8 staffs at the facilities; 

9 (iv) the effect of the change on the 

10 employer’s ability to meet customer de11 mand; or 

12 (v) another factor specified by the ad13 ministrative officer in regulation; 

14 (D) that if the employer rejects the em15 ployee’s application, the employer may propose 

16 in writing an alternative change to the employ17 ee’s hours, times, place, and amount of notifica18 tion of schedule assignments for work; 

19 (E) that if the employee is dissatisfied with 

20 the employer’s decision under subparagraph (B) 

21 and the alternative described in subparagraph 

22 (D), and if the employer has another super23 visor, the employee has the right to reconsider24 ation of the decision by such supervisor, and to 

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1 consideration within a reasonable period, in ac2 cordance with procedures specified in the regu3 lations; 

4 (F) that the employee shall have a right to 

5 be accompanied at meetings described in sub6 paragraph (A) by a representative of the em7 ployee’s choosing with such qualifications as the 

8 regulations shall specify; 

9 (G) that if such a representative of the em10 ployee’s choosing is not available to attend a 

11 meeting described in subparagraph (A), the 

12 meeting shall be postponed; and 

13 (H) for extension of a time limit specified 

14 in the regulations in a case in which the em15 ployer and employee agree, or in such other cir16 cumstances as the regulations may specify; and 

17 (2) may include provisions that provide— 

18 (A) that any requirement of the regula19 tions shall not apply in a case in which such an 

20 application is disposed of by agreement or with21 drawn; and 

22 (B) for applications to be treated as with23 drawn in specified circumstances. 


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1 SEC. 6. PROHIBITED ACTS. 

2 (a) INTERFERENCE WITH RIGHTS.—It shall be un3 lawful for any employer to interfere with, restrain, or deny 

4 the exercise of, or the attempt to exercise, any right pro5 vided under this Act. 

6 (b) INTERFERENCE WITH APPLICATION, PRO7 CEEDINGS, OR INQUIRIES.—It shall be unlawful for any 

8 employer to discharge or in any other manner discriminate 

9 against (including retaliating against) any individual be10 cause such individual— 

11 (1) has submitted (or attempted to submit) an 

12 application under section 4 or requested (or at13 tempted to request) a reconsideration as described in 

14 section 5(b)(1)(E); 

15 (2) has filed an action, or has instituted or 

16 caused to be instituted any proceeding, under or re17 lated to this Act; 

18 (3) has given, or is about to give, any informa19 tion in connection with any inquiry or proceeding re20 lating to any right provided under this Act; 

21 (4) has testified, or is about to testify, in any 

22 inquiry or proceeding relating to any right provided 

23 under this Act; 

24 (5) has opposed any practice made unlawful by 

25 this Act; or 


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1 (6) has in any other way exercised or attempted 

2 to exercise any right provided under this Act. 

3 SEC. 7. ENFORCEMENT. 

4 (a) DEFINITIONS.—Except as provided in subsection 

5 (c), in this section: 

6 (1) EMPLOYEE.—The term ‘‘employee’’ means 

7 an employee described in clause (i) or (ii) of section 

8 3(2)(A). 

9 (2) EMPLOYER.—The term ‘‘employer’’ means 

10 an employer described in subclause (I) or (II) of sec11 tion 3(3)(A)(i). 

12 (b) GENERAL AUTHORITY.—The provisions of this 

13 Act may be enforced pursuant to the following provisions: 

14 (1) INVESTIGATION AND ASSESSMENT.—An em15 ployee who is affected by a violation of a right in 

16 section 6 (including a violation relating to a right 

17 provided under section 4 or 5) may make a com18 plaint to the Secretary, alleging that the employer 

19 involved has violated section 6. The Secretary shall 

20 receive, investigate, and attempt to resolve such 

21 complaints of violations in the same manner as the 

22 Secretary receives, investigates, and attempts to re23 solve complaints of violations of sections 6 and 7 of 

24 the Fair Labor Standards Act of 1938 (29 U.S.C. 

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1 terminations, and assessing a civil fine described in 

2 section 8(a)(1) or awarding relief described in sec3 tion 8(a)(2), as appropriate, with respect to such an 

4 alleged violation. 

5 (2) ADMINISTRATIVE REVIEW.—An affected 

6 person who takes exception to an order issued under 

7 paragraph (1) may request a review of and a deci8 sion regarding such an order by an administrative 

9 law judge, who may hold an administrative hearing 

10 concerning the order under procedures established 

11 by the administrative officer that comply with the 

12 requirements of sections 554, 556, and 557 of title 

13 5, United States Code, and regulations promulgated 

14 by the administrative officer. Such hearing shall be 

15 conducted expeditiously. If no affected person re16 quests such review within 60 days after the order is 

17 issued under paragraph (1), the order shall be 

18 deemed to be a final order that is not subject to ju19 dicial review. 

20 (3) ENFORCEMENT.—The amount of any fine 

21 assessed against an employer under this subsection, 

22 when finally determined, may be— 

23 (A) deducted from any sums owed by the 

24 United States to the employer; or 


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1 (B) recovered in a civil action brought 

2 against the employer by the Secretary, rep3 resented by the Solicitor of Labor (or brought 

4 against the employer by the administrative offi5 cer) in any court of competent jurisdiction. 

6 (4) CIVIL ACTION.—An affected person desiring 

7 review of a decision issued under paragraph (2) 

8 (other than a nonreviewable order) may file a peti9 tion for review in an appropriate Federal court of 

10 appeals. 

11 (5) CIVIL ACTION BY THE SECRETARY FOR IN12 JUNCTIVE RELIEF.—The Secretary (or the adminis13 trative officer) may bring an action for a violation 

14 described in paragraph (1) in a district court of the 

15 United States to obtain the injunctive relief de16 scribed in section 8(b). 

17 (c) OTHER EMPLOYEES.— 

18 (1) EMPLOYEES COVERED BY CONGRESSIONAL

19 ACCOUNTABILITY ACT OF 1995.—Notwithstanding 

20 any other provision of this section or section 8, the 

21 powers, remedies, and procedures provided in the 

22 Congressional Accountability Act of 1995 (2 U.S.C. 

23 1301 et seq.) to the Board (as defined in section 

24 101 of that Act (2 U.S.C. 1301)), or any person, al25 leging a violation of section 202(a)(1) of that Act (2 


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1 U.S.C. 1312(a)(1)) shall be the powers, remedies, 

2 and procedures this Act provides to that Board, or 

3 any person, alleging an unlawful employment prac4 tice in violation of this Act against an employee de5 scribed in section 3(2)(A)(iii). 

6 (2) EMPLOYEES COVERED BY CHAPTER 5 OF

7 TITLE 3, UNITED STATES CODE.—Notwithstanding 

8 any other provision of this section or section 8, the 

9 powers, remedies, and procedures provided in chap10 ter 5 of title 3, United States Code, to the Presi11 dent, the Merit Systems Protection Board, or any 

12 person, alleging a violation of section 412(a)(1) of 

13 that title, shall be the powers, remedies, and proce14 dures this Act provides to the President, that Board, 

15 or any person, respectively, alleging an unlawful em16 ployment practice in violation of this Act against an 

17 employee described in section 3(2)(A)(iv). 

18 (3) EMPLOYEES COVERED BY CHAPTER 63 OF

19 TITLE 5, UNITED STATES CODE.—Notwithstanding 

20 any other provision of this section or section 8, the 

21 powers, remedies, and procedures provided in title 5, 

22 United States Code, to an employing agency, pro23 vided in chapter 12 of that title to the Merit Sys24 tems Protection Board, or provided in that title to 

25 any person, alleging a violation of subchapter V of 


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1 chapter 63 of that title, shall be the powers, rem2 edies, and procedures this Act provides to that agen3 cy, that Board, or any person, respectively, alleging 

4 an unlawful employment practice in violation of this 

5 Act against an employee described in section 

6 3(2)(A)(v). 

7 SEC. 8. REMEDIES. 

8 (a) ADMINISTRATIVE PROCEEDINGS AND ACTIONS

9 FOR REVIEW.— 

10 (1) INTERFERENCE WITH EXERCISE OF

11 RIGHTS.—In an action brought under paragraph (1), 

12 (2), or (4) of section 7(b), an employer who commits 

13 a willful or repeated violation of the provisions of 

14 section 6 (including a violation relating to a right 

15 provided under section 4 or 5) shall be subject to a 

16 civil fine of not more than $1,100 for each employee 

17 who was the subject of such a violation. 

18 (2) RETALIATION.—In an action brought under 

19 paragraph (1), (2), or (4) of section 7(b), if an em20 ployer violates section 6(b), the employee who is af21 fected by the violation or the Secretary (or the ad22 ministrative officer), as appropriate, may obtain an 

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1 motion, back pay, and a change in the terms or con2 ditions of employment. 

3 (b) CIVIL ACTION BY THE SECRETARY FOR INJUNC4 TIVE RELIEF.—In an action brought under section 

5 7(b)(5), the Secretary (or the administrative officer) may 

6 obtain an order— 

7 (1) restraining violations of section 6 (including 

8 a violation relating to a right provided under section 

9 4 or 5); or 

10 (2) awarding such other equitable relief as may 

11 be appropriate, including employment, reinstate12 ment, promotion, back pay, and a change in the 

13 terms or conditions of employment. 

14 SEC. 9. NOTICE. 

15 (a) IN GENERAL.—Each employer shall post and 

16 keep posted, in conspicuous places on the premises of the 

17 employer where notices to employees and applicants for 

18 employment are customarily posted, a notice, to be pre19 pared or approved by the Secretary (or the administrative 

20 officer) setting forth excerpts from, or summaries of, the 

21 pertinent provisions of this Act and information pertaining 

22 to the filing of a complaint under section 7(b). 

23 (b) FINE.—Any employer that willfully violates this 

24 section may be assessed a civil fine not to exceed $500 

25 for each separate offense. 


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1 SEC. 10. RECORDKEEPING. 

2 Any employer shall make, keep, and preserve records 

3 pertaining to compliance with this Act in accordance with 

4 regulations issued under section 13. 

5 SEC. 11. RESEARCH, EDUCATION, AND TECHNICAL ASSIST6 ANCE PROGRAM. 

7 (a) IN GENERAL.—The Secretary (and each adminis8 trative officer, as applicable) shall provide information and 

9 technical assistance to employers, labor organizations, and 

10 the general public concerning compliance with this Act. 

11 (b) PROGRAM.—In order to achieve the objectives of 

12 this Act— 

13 (1) the Secretary, acting through the Adminis14 trator of the Wage and Hour Division of the Depart15 ment of Labor, shall issue guidance on compliance 

16 with the Fair Labor Standards Act of 1938 (29 

17 U.S.C. 201 et seq.) regarding providing a flexible 

18 work environment through changes in employee 

19 terms and conditions of employment as provided in 

20 section 4(a); and 

21 (2) the Secretary shall carry on a continuing 

22 program of research, education, and technical assist23 ance, including— 

24 (A) conducting and promoting research 

25 with the intent of encouraging flexibility in 

26 work terms and conditions; 


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1 (B) publishing and otherwise making avail2 able to employers, labor organizations, profes3 sional associations, educational institutions, the 

4 various communication media, and the general 

5 public the findings of studies and other mate6 rials for promoting compliance with this Act; 

7 (C) sponsoring and assisting State and 

8 community informational and educational pro9 grams; and 

10 (D) providing technical assistance to em11 ployers, labor organizations, professional asso12 ciations, and other interested persons on means 

13 of achieving and maintaining compliance with 

14 the provisions of this Act. 

15 SEC. 12. RIGHTS RETAINED BY EMPLOYEES. 

16 Nothing in this Act shall be considered to diminish 

17 the rights, privileges, or remedies of any employee under 

18 any Federal or State law, or under a collective bargaining 

19 agreement. 

20 SEC. 13. APPLICATION OF PROVISIONS. 

21 Not later than 12 months after the date of enactment 

22 of this Act— 

23 (1)(A) except as provided in subparagraph (B), 

24 the Secretary shall issue such regulations as are nec25 essary to carry out this Act (including regulations 


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1 described in sections 4(c)(2), 5(a), 5(b)(1)(E), and 

2 7(b)(2)) with respect to employees described in 

3 clause (i) or (ii) of section 3(2)(A); and 

4 (B) the Comptroller General of the United 

5 States and the Librarian of Congress shall issue 

6 such regulations as are necessary to carry out this 

7 Act (including regulations described in sections 

8 4(c)(2), 5(a), 5(b)(1)(E), and 7(b)(2)) with respect 

9 to employees of the Government Accountability Of10 fice and the Library of Congress, respectively; 

11 (2) the Board of Directors of the Office of 

12 Compliance shall issue (in accordance with section 

13 304 of the Congressional Accountability Act of 1995 

14 (2 U.S.C. 1384)) such regulations as are necessary 

15 to carry out this Act (including regulations described 

16 in sections 4(c)(2), 5(a), 5(b)(1)(E), and 7(b)(2)) 

17 with respect to employees described in section 

18 3(2)(A)(iii); 

19 (3) the President (or the designee of the Presi20 dent) shall issue such regulations as are necessary to 

21 carry out this Act (including regulations described in 

22 sections 4(c)(2), 5(a), 5(b)(1)(E), and 7(b)(2)) with 

23 respect to employees described in section 3(2)(A)(iv); 

24 and 


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1 (4) the Director of the Office of Personnel 

2 Management shall issue such regulations as are nec3 essary to carry out this Act (including regulations 

4 described in sections 4(c)(2), 5(a), 5(b)(1)(E), and 

5 7(b)(2)) with respect to employees described in sec6 tion 3(2)(A)(v). 

7 SEC. 14. AUTHORIZATION OF APPROPRIATIONS. 

8 There are authorized to be appropriated to carry out 

9 this Act such sums as may be necessary for fiscal year 

10 2018 and each subsequent fiscal year. 

11 SEC. 15. EFFECTIVE DATE. 

12 (a) IN GENERAL.—Except as provided in subsection 

13 (b), this Act shall take effect on the date of enactment 

14 of this Act. 

15 (b) APPLICATION OF NONREGULATORY PROVI16 SIONS.— 

17 (1) IN GENERAL.—Except as provided in para18 graph (2), sections 2 through 12 shall apply on the 

19 earlier of— 

20 (A) the date that occurs 3 months after 

21 the date on which the Secretary issues regula22 tions under section 13(1)(A); and 

23 (B) the date that occurs 15 months after 

24 the date of enactment of this Act. 


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26 

•S 997 IS

1 (2) COLLECTIVE BARGAINING AGREEMENTS.— 

2 In the case of a collective bargaining agreement in 

3 effect on the application date prescribed by para4 graph (1), sections 2 through 12 shall apply on the 

5 earlier of— 

6 (A) the date of the termination of such 

7 agreement; or 

8 (B) the date that occurs 12 months after 

9 the date of enactment of this Act. 

Æ 


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