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 Ω1æPage 2, in the table of contents, strike out sections

2 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.

3 Ω2æPage 3, strike out ø‘‘420¿ and insert: ‘‘421

4 Ω3æPage 3, strike out ø‘‘430¿ and insert: ‘‘431

5 Ω4æPage 3, in the heading for subchapter III, strike out

6 øDISPUTE-¿ and insert: DISPUTE

7 Ω5æPage 3, strike out ø‘‘457. Definitions.¿

8 Ω6æPage 3, strike out all of subchapter IV and subchapter

9 V and insert:
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‘‘SUBCHAPTER IV—EFFECTIVE DATE

‘‘471. Effective date.

1 Ω7æPage 3, strike out line 1 and insert:

2 ‘‘SUBCHAPTER I—GENERAL PROVISIONS

3 Ω8æPage 3, strike out line 2 and insert:

4 ‘‘§ 401. Definitions

5 Ω9æPage 3, line 3, strike out øExcept¿ and insert:

6 (a) IN GENERAL.—Except

7 Ω10æPage 4, after line 16 insert:

8 ‘‘(b) DEFINITIONS RELATING TO CERTAIN MAT9 TERS.—For purposes of applying this chapter with respect

10 to any practice or other matter—

11 ‘‘(1) to which section 411 relates, the terms ‘em12 ploying office’ and ‘covered employee’ shall each be

13 considered to have the meaning given to the term by

14 such section;

15 ‘‘(2) to which section 412 relates, the term ‘cov16 ered employee’ means a covered employee described in

17 section 412(a)(2)(B);

18 ‘‘(3) to which section 413 relates, the term ‘cov19 ered employee’ excludes interns and volunteers, as de20 scribed in section 413(a)(2); and
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1 ‘‘(4) to which section 416 relates, the term ‘cov2 ered employee’ means a covered employee described in

3 section 416(a)(2).

4 Ω11æPage 4, strike out line 17 and insert:

5 ‘‘§ 402. Application of laws

6 Ω12æPage 6, strike out lines 1 and 2 and insert:

7 ‘‘SUBCHAPTER II—EXTENSION OF RIGHTS AND

8 PROTECTIONS

9 Ω13æPage 6, strike out lines 9 through 14 and insert:

10 ‘‘§ 411. Rights and protections under title VII of the

11 Civil Rights Act of 1964, the Age Discrimi12 nation in Employment Act of 1967, the Re13 habilitation Act of 1973, and title I of the

14 Americans with Disabilities Act of 1990

15 Ω14æPage 9, after line 13 insert:

16 ‘‘(d) REGULATIONS TO IMPLEMENT SECTION.—

17 ‘‘(1) IN GENERAL.—The President, or the des18 ignee of the President, shall issue regulations to im19 plement paragraphs (1) and (3) of subsection (a) and

20 paragraphs (1) and (3) of subsection (b).

21 ‘‘(2) AGENCY REGULATIONS.—The regulations is22 sued under paragraph (1) shall be the same as sub23 stantive regulations promulgated by the appropriate

24 officer of an executive agency to implement the statu-
4

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1 tory provisions referred to in paragraphs (1) and (3)

2 of subsection (a) and paragraphs (1) and (3) of sub3 section (b)—

4 ‘‘(A) except to the extent that the President

5 or designee may determine, for good cause shown

6 and stated together with the regulation, that a

7 modification of such regulations would be more

8 effective for the implementation of the rights and

9 protections under this section; and

10 ‘‘(B) except that the President or designee

11 may, at the discretion of the President or des12 ignee, issue regulations to implement a provision

13 of section 717 of the Civil Rights Act of 1964 or

14 section 501 of the Rehabilitation Act of 1973

15 that applies to employees in the executive branch

16 of the Federal Government in lieu of an analo17 gous statutory provision referred to in para18 graph (1) or (3) of subsection (a) or paragraph

19 (1) or (3) of subsection (b), if the issuance of

20 such regulations—

21 ‘‘(i) would be equally effective for the

22 implementation of the rights and protec23 tions under this section; and

24 ‘‘(ii) would promote uniformity in the

25 application of Federal law to employees in
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1 the executive branch of the Federal Govern2 ment.

3 Ω15æPage 9, line 14, strike out ø(d)¿ and insert: (e)

4 Ω16æPage 9, after line 17 insert:

5 ‘‘(f) EFFECTIVE DATE.—This section shall take effect

6 on October 1, 1997.

7 Ω17æPage 9, strike out lines 18 and 19 and insert:

8 ‘‘§ 412. Rights and protections under the Family and

9 Medical Leave Act of 1993

10 Ω18æPage 10, line 13, strike out ødamages¿ and insert:

11 remedy

12 Ω19æPage 10, after line 16 insert:

13 ‘‘(c) REGULATIONS TO IMPLEMENT SECTION.—

14 ‘‘(1) IN GENERAL.—The President, or the des15 ignee of the President, shall issue regulations to im16 plement this section.

17 ‘‘(2) AGENCY REGULATIONS.—The regulations is18 sued under paragraph (1) shall be the same as sub19 stantive regulations promulgated by the Secretary of

20 Labor to implement the statutory provisions referred

21 to in subsections (a) and (b)—

22 ‘‘(A) except to the extent that the President

23 or designee may determine, for good cause shown
6

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1 and stated together with the regulation, that a

2 modification of such regulations would be more

3 effective for the implementation of the rights and

4 protections under this section; and

5 ‘‘(B) except that the President or designee

6 may, at the discretion of the President or des7 ignee, issue regulations to implement a provision

8 of subchapter V of chapter 63 of title 5, United

9 States Code, that applies to employees in the ex10 ecutive branch of the Federal Government in lieu

11 of an analogous statutory provision referred to

12 in subsection (a) or (b), if the issuance of such

13 regulations—

14 ‘‘(i) would be equally effective for the

15 implementation of the rights and protec16 tions under this section; and

17 ‘‘(ii) would promote uniformity in the

18 application of Federal law to employees in

19 the executive branch of the Federal Govern20 ment.

21 ‘‘(d) EFFECTIVE DATE.—Subsections (a) and (b) shall

22 take effect on the earlier of—

23 ‘‘(1) the effective date of regulations issued under

24 subsection (c); or

25 ‘‘(2) October 1, 1998.
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1 Ω20æPage 10, strike out lines 17 and 18 and insert:

2 ‘‘§ 413. Rights and protections under the Fair Labor

3 Standards Act of 1938

4 Ω21æPage 11, line 14, strike out øPresident¿ and insert:

5 President, or the designee of the President,

6 Ω22æPage 11, line 21, strike out øsubsection (a) except

7 insofar as the President¿ and insert: subsections (a) and

8 (b) except to the extent that the President or designee

9 Ω23æPage 12, line 2, strike out øPresident¿ and insert:

10 President or designee

11 Ω24æPage 12, after line 7 insert:

12 ‘‘(d) EFFECTIVE DATE.—Subsections (a) and (b) shall

13 take effect on the earlier of—

14 ‘‘(1) the effective date of regulations issued under

15 subsection (c); or

16 ‘‘(2) October 1, 1998.

17 Ω25æPage 12, strike out lines 8 through 10 and insert:

18 ‘‘§ 414. Rights and protections under the Employee

19 Polygraph Protection Act of 1988

20 Ω26æPage 12, line 23, strike out øPresident¿ and insert:

21 President, or the designee of the President,
8

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1 Ω27æPage 13, line 6, strike out øinsofar as the President¿

2 and insert: to the extent that the President or designee

3 Ω28æPage 13, after line 10 insert:

4 ‘‘(d) EFFECTIVE DATE.—Subsections (a) and (b) shall

5 take effect on the earlier of—

6 ‘‘(1) the effective date of regulations issued under

7 subsection (c); or

8 ‘‘(2) October 1, 1998.

9 Ω29æPage 13, strike out lines 11 through 13 and insert:

10 ‘‘§ 415. Rights and protections under the Worker Ad11 justment and Retraining Notification Act

12 Ω30æPage 14, lines 3 and 4, strike out ødoes not succeed

13 himself¿ and insert: is not elected to a successive term

14 Ω31æPage 15, line 11, strike out øPresident¿ and insert:

15 President, or the designee of the President,

16 Ω32æPage 15, lines 17 and 18, strike out øsubsection (a)

17 except insofar as the President¿ and insert: subsections (a)

18 and (b) except to the extent that the President or designee

19 Ω33æPage 15, after line 22 insert:

20 ‘‘(d) EFFECTIVE DATE.—Subsections (a) and (b) shall

21 take effect on the earlier of—

22 ‘‘(1) the effective date of regulations issued under

23 subsection (c); or
9

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1 ‘‘(2) October 1, 1998.

2 Ω34æPage 16, strike out lines 1 and 2 and insert:

3 ‘‘§ 416. Rights and protections relating to veterans’

4 employment and reemployment

5 Ω35æPage 17, line 2, strike out øPresident¿ and insert:

6 President, or the designee of the President,

7 Ω36æPage 17, strike out lines 4 through 13 and insert:

8 ‘‘(2) AGENCY REGULATIONS.—The regulations is9 sued under paragraph (1) shall be the same as sub10 stantive regulations promulgated by the Secretary of

11 Labor to implement the statutory provisions referred

12 to in subsections (a) and (b)—

13 ‘‘(A) except to the extent that the President

14 or designee may determine, for good cause shown

15 and stated together with the regulation, that a

16 modification of such regulations would be more

17 effective for the implementation of the rights and

18 protections under this section; and

19 ‘‘(B) except that the President or designee

20 may, at the discretion of the President or des21 ignee, issue regulations to implement a provision

22 of section 4314 or 4324 of title 38, United States

23 Code, that applies to employees in the executive

24 branch of the Federal Government in lieu of an
10

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1 analogous statutory provision referred to in sub2 section (a) or (b), if the issuance of such regula3 tions—

4 ‘‘(i) would be equally effective for the

5 implementation of the rights and protec6 tions under this section; and

7 ‘‘(ii) would promote uniformity in the

8 application of Federal law to employees in

9 the executive branch of the Federal Govern10 ment.

11 Ω37æPage 17, after line 13 insert:

12 ‘‘(d) EFFECTIVE DATE.—Subsections (a) and (b) shall

13 take effect on the earlier of—

14 ‘‘(1) the effective date of regulations issued under

15 subsection (c); or

16 ‘‘(2) October 1, 1998.

17 Ω38æPage 17, strike out line 14 and insert:

18 ‘‘§ 417. Prohibition of intimidation or reprisal

19 Ω39æPage 18, strike out lines 4 through 8

20 Ω40æPage 18, strike out lines 11 and 12 and insert:

21 ‘‘§ 421. Rights and protections under the Americans

22 with Disabilities Act of 1990

23 Ω41æPage 19, after line 16 insert:
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1 ‘‘(d) REGULATIONS TO IMPLEMENT SECTION.—

2 ‘‘(1) IN GENERAL.—The President, or the des3 ignee of the President, shall issue regulations to im4 plement this section.

5 ‘‘(2) AGENCY REGULATIONS.—The regulations is6 sued under paragraph (1) shall be the same as sub7 stantive regulations promulgated by the appropriate

8 officer of an executive agency to implement the statu9 tory provisions referred to in subsections (a) and

10 (b)—

11 ‘‘(A) except to the extent that the President

12 or designee may determine, for good cause shown

13 and stated together with the regulation, that a

14 modification of such regulations would be more

15 effective for the implementation of the rights and

16 protections under this section; and

17 ‘‘(B) except that the President or designee

18 may, at the discretion of the President or des19 ignee, issue regulations to implement a provision

20 of section 1, 2, 3, or 6 of the Act entitled ‘An Act

21 to insure that certain buildings financed with

22 Federal funds are so designed and constructed as

23 to be accessible to the physically handicapped’,

24 approved August 12, 1968 (commonly known as

25 the ‘Architectural Barriers Act of 1968’) or sec-
12

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1 tion 501 of the Rehabilitation Act of 1973 that

2 applies to agencies of the executive branch of the

3 Federal Government in lieu of an analogous stat4 utory provision referred to in subsection (a) or

5 (b), if the issuance of such regulations—

6 ‘‘(i) would be equally effective for the

7 implementation of the rights and protec8 tions under this section; and

9 ‘‘(ii) would promote uniformity in the

10 application of Federal law to agencies of the

11 executive branch of the Federal Government.

12 ‘‘(e) EFFECTIVE DATE.—Subsections (a), (b), and (c)

13 shall take effect on the earlier of—

14 ‘‘(1) the effective date of regulations issued under

15 subsection (d); or

16 ‘‘(2) October 1, 1998.

17 Ω42æPage 19, strike out lines 19 through 21 and insert:

18 ‘‘§ 425. Rights and protections under the Occupa19 tional Safety and Health Act of 1970; pro20 cedures for remedy of violations

21 Ω43æPage 21, line 21, strike out øhe¿ and insert: the em22 ployer
13

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1 Ω44æPage 22, lines 16 and 17, strike out øappropriate

2 United States circuit court of appeals¿ and insert: United

3 States Court of Appeals for the Federal Circuit

4 Ω45æPage 23, line 4, strike out øPresident¿ and insert:

5 President, or the designee of the President,

6 Ω46æPage 23, lines 10 and 11, strike out øsubsection (a)

7 except to the extent that the President¿ and insert: sub8 sections (a) and (b)—

9 ‘‘(A) except to the extent that the President

10 or designee

11 Ω47æPage 23, line 15, strike out øsection.¿ and insert:

12 section; and

13 ‘‘(B) except that the President or designee

14 may, at the discretion of the President or des15 ignee, issue regulations to implement a provision

16 of section 19 of the Occupational Safety and

17 Health Act of 1970 that applies to agencies or

18 employees of the executive branch of the Federal

19 Government in lieu of an analogous statutory

20 provision referred to in subsection (a) or (b), if

21 the issuance of such regulations—

22 ‘‘(i) would be equally effective for the

23 implementation of the rights and protec24 tions under this section; and
14

HR 3452 EAS

1 ‘‘(ii) would promote uniformity in the

2 application of Federal law to employees in

3 the executive branch of the Federal Govern4 ment.

5 Ω48æPage 23, after line 21, insert:

6 ‘‘(e) EFFECTIVE DATE.—Subsections (a) through (c)

7 shall take effect on the earlier of—

8 ‘‘(1) the effective date of regulations issued under

9 subsection (d); or

10 ‘‘(2) October 1, 1998.

11 Ω49æPage 24, strike out lines 2 through 5 and insert:

12 ‘‘§ 431. Application of chapter 71 of title 5, relating to

13 Federal service labor-management rela14 tions; procedures for remedy of violations

15 Ω50æPage 25, line 5, strike out ødeems¿ and insert: may

16 determine that a modification of such regulations is

17 Ω51æPage 25, line 19, strike out øFederal Labor Rela18 tions¿

19 Ω52æPage 26, line 19, strike out øAdvisors¿ and insert:

20 Advisers

21 Ω53æPage 26, line 22, after ‘‘et;’’ insert: and
15

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1 Ω54æPage 26, line 24, strike out øPolicy; and¿ and insert:

2 Policy.

3 Ω55æPage 27, strike out lines 1 and 2 and insert:

4 ‘‘(e) EFFECTIVE DATE.—

5 ‘‘(1) IN GENERAL.—Except as provided in para6 graph (2), subsections (a) and (b) shall take effect on

7 the earlier of—

8 ‘‘(A) the effective date of regulations issued

9 under subsection (c); or

10 ‘‘(B) October 1, 1998.

11 ‘‘(2) CERTAIN EMPLOYING OFFICES.—Subsections

12 (a) and (b) shall take effect, with respect to employing

13 offices, and employees of employing offices, referred to

14 in subsection (d)(2), on the earlier of—

15 ‘‘(A) the effective date of regulations issued

16 under subsection (d); or

17 ‘‘(B) October 1, 1998.

18 Ω56æPage 27, strike out lines 4 and 5 and insert:

19 ‘‘§ 435. Generally applicable remedies and limitations

20 Ω57æPage 27, line 9, strike out ø420¿ and insert: 421

21 Ω58æPage 29, strike out lines 3 through 7 and insert:

22 ‘‘(g) POLITICAL AFFILIATION.—It shall not be a viola23 tion of any provision of this chapter to consider, or make

24 any employment decision based on, the party affiliation,
16

HR 3452 EAS

1 or political compatibility with the employing office, of an

2 employee who is a covered employee.

3 Ω59æPage 29, strike out lines 8 and 9 and insert:

4 ‘‘SUBCHAPTER III—ADMINISTRATIVE AND

5 JUDICIAL DISPUTE RESOLUTION PROCEDURES

6 Ω60æPage 29, strike out lines 10 and 11 and insert:

7 ‘‘§ 451. Procedure for consideration of alleged viola8 tions

9 Ω61æPage 30, strike out line 1 and insert:

10 ‘‘§ 452. Counseling and mediation

11 Ω62æPage 30, line 2, strike out øPresident¿ and insert:

12 President, or the designee of the President,

13 Ω63æPage 30, strike out line 13 and insert:

14 ‘‘§ 453. Election of proceeding

15 Ω64æPage 30, lines 18 and 19, strike out øadministrative¿

16 Ω65æPage 30, strike out line 23 and insert:

17 ‘‘§ 454. Appropriate agencies

18 Ω66æPage 31, line 2, after ‘‘Board.’’ insert: The complaint

19 in an action involving such an alleged violation shall be

20 processed under the procedures specified by the President,

21 or the designee of the President, in such regulations as the

22 President or designee may issue.
17

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1 Ω67æPage 31, lines 12 and 13, strike out øother Federal

2 employee¿ and insert: employee in the executive branch of

3 the Federal Government (other than a covered employee)

4 Ω68æPage 31, line 14, strike out øHowever, in¿ and in5 sert: In

6 Ω69æPage 31, line 16, strike out ø(c)(1)¿

7 Ω70æPage 32, lines 7 and 8, strike out øappropriate cir8 cuit court of appeals¿ and insert: United States Court of

9 Appeals for the Federal Circuit

10 Ω71æPage 32, strike out line 9 and insert:

11 ‘‘§ 455. Effect of failure to issue regulations

12 Ω72æPage 32, lines 10 and 11, strike out øPresident¿ and

13 insert: President, or the designee of the President,

14 Ω73æPage 32, strike out line 17 and insert:

15 ‘‘§ 456. Confidentiality

16 Ω74æPage 33, strike out line 1 and all that follows over

17 to and including line 20 on page 38

18 Ω75æPage 38, strike out all after line 20 over to and in19 cluding line 5 on page 39 and insert:
18

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1 ‘‘SUBCHAPTER IV—EFFECTIVE DATE

2 ‘‘§ 471. Effective date

3 ‘‘(a) IN GENERAL.—Except as otherwise provided in

4 this chapter, this chapter shall take effect on October 1,

5 1997.

6 ‘‘(b) REGULATIONS.—Sections 411(d), 412(c), 413(c),

7 414(c), 415(c), 416(c), 421(d), 425(d), 431(c), 431(d),

8 452(a), and 454(a) shall take effect on the date of enactment

9 of this Act.

10 (b) REGULATIONS.—Appropriate measures shall be

11 taken to ensure that—

12 (1) any regulations required to implement sec13 tion 411 of title 3, United States Code, shall be in ef14 fect by October 1, 1997; and

15 (2) any other regulations needed to implement

16 chapter 5 of title 3, United States Code shall be in

17 effect as soon as practicable, but not later than Octo18 ber 1, 1998.

19 Ω76æPage 39, line 10, strike out ø(1) Chapter¿ and in20 sert:

21 ‘‘(1) IN GENERAL.—Chapter

22 Ω77æPage 39, line 15, strike out all after ‘‘179,’’ down

23 to and including ‘‘Circuit)’’ in line 16 and insert: the Unit24 ed States Court of Appeals for the Federal Circuit
19

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1 Ω78æPage 39, strike out lines 22 and 23 and insert: made

2 under part D of subchapter II of chapter 5 of title 3, not3 withstanding section 7123 of title 5; or

4 Ω79æPage 40, strike out lines 7 through 10

5 Ω80æPage 40, line 11, strike out ø(2) The table of sections

6 for chapter 158¿ and insert:

7 ‘‘(2) TABLE OF SECTIONS.—The table of sections

8 for chapter 83

9 Ω81æPage 40, line 23, strike out ø(A) Chapter¿ and in10 sert:

11 ‘‘(A) IN GENERAL.—Chapter

12 Ω82æPage 41, line 7, strike out ø(B)¿ and insert:

13 ‘‘(B) TABLE OF SECTIONS.—

14 Ω83æPage 41, line 10, strike out ø(A)¿

15 Ω84æPage 41, line 12, strike out øAny¿ and insert: ‘‘Any

16 Ω85æPage 41, strike out line 14 and all that follows down

17 to and including ‘‘Part’’ in line 15 and insert:

18 (c) PROCEDURE.—Part

19 Ω86æPage 43, line 3, strike out øPresident¿ and insert:

20 President, the designee of the President, or the Federal

21 Labor Relations Authority
20

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1 Ω87æPage 43, line 24, strike out ø420¿ and insert: 421

2 Ω88æPage 44, after line 7 insert:

3 ‘‘(c) PUNITIVE DAMAGES.—Except as otherwise pro4 vided in chapter 5 of title 3, no punitive damages may be

5 awarded with respect to any claim under chapter 5 of title

6 3.

7 Ω89æPage 44, line 16, strike out øsuch office¿ and insert:

8 the office involved

9 Ω90æPage 45, strike out lines 1 through 12 and insert:

10 ‘‘§ 3908. Definitions.

11 ‘‘For purposes of applying this chapter, the terms ‘em12 ploying office’ and ‘covered employee’ have the meanings

13 given those terms in section 401 of title 3.’’.

14 (d) EFFECTIVE DATE.—The amendments made by this

15 section shall take effect on October 1, 1997.

16 Ω91æPage 45, line 13, strike out ø(1)¿

17 Ω92æPage 45, strike out line 16 and all that follows over

18 to and including line 5 on page 52 and insert:

19 SEC. 4. APPLICABILITY OF FUTURE EMPLOYMENT LAWS.

20 (a) IN GENERAL.—Each provision of Federal law that

21 is made applicable to the legislative branch under section

22 102 of the Congressional Accountability Act of 1995 (2

23 U.S.C. 1302), and that is enacted later than 12 months
21

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1 after the date of the enactment of this Act, shall be deemed

2 to apply with respect to ‘‘employing offices’’ and ‘‘covered

3 employees’’ (within the meaning of section 401 of title 3,

4 United States Code, as added by this Act), unless such law

5 specifically provides otherwise and expressly cites this sec6 tion.

7 (b) REGULATIONS.—

8 (1) IN GENERAL.—The President, or the designee

9 of the President, shall issue regulations to implement

10 such provision.

11 (2) AGENCY REGULATIONS.—The regulations is12 sued under paragraph (1) to implement a provision

13 shall be the same as substantive regulations promul14 gated by the head of the appropriate executive agency

15 to implement the provision, except to the extent that

16 the President or designee may determine, for good

17 cause shown and stated together with the regulation,

18 that a modification of such regulations would be more

19 effective for the implementation of the rights and pro20 tections under the section.

21 Ω93æPage 52, line 6, strike out ø7. REPEAL OF SEC22 TION 320¿ and insert: 5. REPEAL OF SECTION 303

23 Ω94æPage 52, lines 8 and 9, strike out ø320 of the Gov24 ernment Employee Rights Act of 1991¿ and insert: 303

25 of the Government Employee Rights Act of 1991 (as redesig-
22

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1 nated by section 504(a)(3) of the Congressional Account2 ability Act of 1995)

3 Ω95æPage 52, strike out lines 10 and 11 and insert:

4 (b) EFFECTIVE DATE.—This section shall take effect

5 on October 1, 1997.

6 Ω96æPage 52, line 13, strike out øin which the¿ and in7 sert: under such section 303 in which a

8 Ω97æPage 52, strike out all after line 16 over to and in9 cluding line 2 on page 58

Attest:

Secretary.
104TH CONGRESS

2D SESSION H. R. 3452

AMENDMENTS
HR 3452 EAS——5

HR 3452 EAS——4HR 3452 EAS——3HR 3452 EAS——2