II 

112TH CONGRESS 

2D SESSION S. 2142 

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 

FEBRUARY 29, 2012 

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 ‘‘Working Families 

5 Flexibility Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress makes the following findings: 

8 (1) Over the last 50 years, the demographics of 

9 the Nation’s workforce have undergone significant 


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1 changes. As a result of the changes, the modern 

2 workforce has a more diverse set of 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 over the last 

17 50 years, 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. The National Alliance for Caregiving 

24 found that 57 percent of persons who provide unpaid 

25 care to an adult or to a child with special needs are 


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1 employed, with 46 percent working full time and 11 

2 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 School’s Workforce 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 

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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 and reduce 

10 turnover, reduce overtime and absenteeism, and en11 hance employee productivity, effectiveness, and en12 gagement. 

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 (III) an employing office, as defined 

10 in section 101 of the Congressional Ac11 countability Act of 1995; 

12 (IV) an employing office, as defined in 

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

14 Code; or 

15 (V) an employing agency covered 

16 under subchapter V of chapter 63 of title 

17 5, United States Code; and 

18 (ii) is engaged in commerce (including 

19 government), in the production of goods 

20 for commerce, or in an enterprise engaged 

21 in commerce (including government) or in 

22 the production of goods for commerce. 

23 (B) COVERED EMPLOYER.— 

24 (i) IN GENERAL.—In subparagraph 

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


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1 (I) means any person engaged in 

2 commerce or in any industry or activ3 ity affecting commerce who employs 

4 15 or more employees for each work5 ing day during each of 20 or more 

6 calendar workweeks in the current or 

7 preceding calendar year; 

8 (II) includes— 

9 (aa) any person who acts, 

10 directly or indirectly, in the inter11 est of such an employer to any of 

12 the employees of such employer; 

13 and 

14 (bb) any successor in inter15 est of such an employer; and 

16 (III) includes an agency de17 scribed in clause (iii) or (iv) of sub18 paragraph (A) of section 101(4) of 

19 the Family and Medical Leave Act of 

20 1993 (29 U.S.C. 2611(4)), to which 

21 subparagraph (B) of such section 

22 shall apply. 

23 (ii) DEFINITIONS.—For purposes of 

24 this subparagraph: 


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1 (I) COMMERCE.—The terms 

2 ‘‘commerce’’ and ‘‘industry or activity 

3 affecting commerce’’ have the mean4 ings given the terms in section 101 of 

5 such Act (29 U.S.C. 2611). 

6 (II) EMPLOYEE; PERSON.—The 

7 terms ‘‘employee’’ and ‘‘person’’ have 

8 the meanings given such terms in sec9 tion 3 of the Fair Labor Standards 

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

11 (C) PREDECESSORS.—Any reference in 

12 this paragraph to an employer shall include a 

13 reference to any predecessor of such employer. 

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

15 the Secretary of Labor. 

16 (5) SUPERVISOR.— 

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

18 has the meaning given the term in section 152 

19 of the National Labor Relations Act (29 U.S.C. 

20 152). 

21 (B) APPLICATION.—For purposes of apply22 ing this paragraph, a reference in such sec23 tion— 


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1 (i) to an employee shall be considered 

2 to be a reference to an employee, as de3 fined in this section; and 

4 (ii) to an employer shall be considered 

5 to be a reference to an employer, as de6 fined in this section. 

7 SEC. 4. STATUTORY RIGHT TO REQUEST FLEXIBLE WORK 

8 TERMS AND CONDITIONS. 

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

10 employee’s employer for a temporary or permanent change 

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

12 change relates to— 

13 (1) the number of hours the employee is re14 quired to work; 

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

16 work or be on call for work; 

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

18 (4) the amount of notification the employee re19 ceives of work schedule assignments. 

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

21 section shall— 

22 (1) state that the application is an application 

23 described in subsection (a); 


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

2 on which the employee requests that the change be3 come effective; and 

4 (3) explain what effect, if any, the employee 

5 thinks the change applied for would have on the em6 ployer and how, in the employee’s opinion, any such 

7 effect might be dealt with. 

8 (c) SUBMISSIONS.— 

9 (1) PERIOD BETWEEN SUBMISSIONS.—If an 

10 employee, who has submitted an application under 

11 this section to an employer, submits a further appli12 cation under this section to the same employer be13 fore the end of the period of 12 months beginning 

14 with the date on which the previous application was 

15 submitted, that further application shall not be cov16 ered by section 5. 

17 (2) FORM AND TIMING.—The administrative of18 ficer shall, by regulation issued under section 13, 

19 specify— 

20 (A) the form of applications submitted 

21 under this section; and 

22 (B) when such an application shall be con23 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 issued under sub8 section (a)— 

9 (1) shall include provisions that provide— 

10 (A) that the employer and the employee 

11 shall hold a meeting to discuss such an applica12 tion; 

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 the 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 1 facility to 

2 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 eration within a reasonable period, in accord2 ance with procedures specified in regulations 

3 issued under section 13; 

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 under section 

14 5; 

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 (d), 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 of Labor, alleging that the 

19 employer involved has violated section 6. The Sec20 retary shall receive, investigate, and attempt to re21 solve such complaints of violations in the same man22 ner as the Secretary receives, investigates, and at23 tempts to resolve complaints of violations of section 

24 6 and 7 of the Fair Labor Standards Act of 1938 

25 (29 U.S.C. 206 and 207), and may issue an order 


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1 making determinations, and assessing a civil penalty 

2 described in section 8(a)(1) or awarding relief de3 scribed in section 8(a)(2), as appropriate, with re4 spect to such an 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 pen21 alty assessed against an employer under this sub22 section, 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 specified in section 13(a)) in any court of 

6 competent jurisdiction. 

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

8 review of a decision issued under paragraph (2) 

9 (other than a nonreviewable order) may file a peti10 tion for review in an appropriate Federal court of 

11 appeals. 

12 (5) CIVIL ACTION BY THE SECRETARY FOR IN13 JUNCTIVE RELIEF.—The Secretary (or the adminis14 trative officer specified in section 13(a)) may bring 

15 an action for a violation described in paragraph (1) 

16 in a district court of the United States to obtain the 

17 injunctive relief described in section 8(b). 

18 (c) OTHER EMPLOYEES.— 

19 (1) EMPLOYEES COVERED BY CONGRESSIONAL

20 ACCOUNTABILITY ACT OF 1995.—Notwithstanding 

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

22 powers, remedies, and procedures provided in the 

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

24 1301 et seq.) to the Board (as defined in section 

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1 leging a violation of section 202(a)(1) of that Act (2 

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

3 and procedures this Act provides to that Board, or 

4 any person, alleging an unlawful employment prac5 tice in violation of this Act against an employee de6 scribed in section 3(2)(A)(iii). 

7 (2) EMPLOYEES COVERED BY CHAPTER 5 OF

8 TITLE 3, UNITED STATES CODE.—Notwithstanding 

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

10 powers, remedies, and procedures provided in chap11 ter 5 of title 3, United States Code, to the Presi12 dent, the Merit Systems Protection Board, or any 

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

14 that title, shall be the powers, remedies, and proce15 dures this Act provides to the President, that Board, 

16 or any person, respectively, alleging an unlawful em17 ployment practice in violation of this Act against an 

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

19 (3) EMPLOYEES COVERED BY CHAPTER 63 OF

20 TITLE 5, UNITED STATES CODE.—Notwithstanding 

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

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

23 United States Code, to an employing agency, pro24 vided in chapter 12 of that title to the Merit Sys25 tems Protection Board, or provided in that title to 


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1 any person, alleging a violation of subchapter V of 

2 chapter 63 of that title, shall be the powers, rem3 edies, and procedures this Act provides to that agen4 cy, that Board, or any person, respectively, alleging 

5 an unlawful employment practice in violation of this 

6 Act against an employee described in section 

7 3(2)(A)(v). 

8 SEC. 8. REMEDIES. 

9 (a) ADMINISTRATIVE PROCEEDINGS AND ACTIONS

10 FOR REVIEW.— 

11 (1) INTERFERENCE WITH EXERCISE OF

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

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

14 a willful or repeated violation of the provisions of 

15 section 6 (including a violation relating to a right 

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

17 civil penalty of not more than $1,100 for each em18 ployee who was the subject of such a violation. 

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

20 paragraph (1), (2), or (4) of section 7(b), if an em21 ployer violates section 6(b), the employee who is af22 fected by the violation or the Secretary (or the ad23 ministrative officer specified in section 13(a)), as ap24 propriate, may obtain an order awarding such equi25 table relief as may be appropriate, including employVerDate Mar 15 2010 23:14 Feb 29, 2012 Jkt 019200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\S2142.IS S2142

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1 ment, reinstatement, promotion, back pay, and a 

2 change in the terms or conditions 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 speci6 fied in section 13(a)) may 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 specified in section 13(a)) setting forth excerpts 

21 from, or summaries of, the pertinent provisions of this Act 

22 and information pertaining to the filing of a complaint 

23 under section 7(b). 


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1 (b) PENALTY.—Any employer that willfully violates 

2 this section may be assessed a civil money penalty not to 

3 exceed $500 for each separate offense. 

4 SEC. 10. RECORDKEEPING. 

5 Any employer shall make, keep, and preserve records 

6 pertaining to compliance with this Act in accordance with 

7 regulations issued under section 13. 

8 SEC. 11. RESEARCH, EDUCATION, AND TECHNICAL ASSIST9 ANCE PROGRAM. 

10 (a) IN GENERAL.—The Secretary (and each adminis11 trative officer specified in section 13(a), as applicable) 

12 shall provide information and technical assistance to em13 ployers, labor organizations, and the general public con14 cerning compliance with this Act. 

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

16 this Act— 

17 (1) the Secretary, acting through the Adminis18 trator of the Wage and Hour Division of the Depart19 ment of Labor, shall issue guidance on compliance 

20 with the Fair Labor Standards Act of 1938 (29 

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

22 work environment through changes in employee 

23 terms and conditions of employment as provided in 

24 section 4(a); and 


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1 (2) the Secretary shall carry on a continuing 

2 program of research, education, and technical assist3 ance, including— 

4 (A) conducting and promoting research 

5 with the intent of encouraging flexibility in 

6 work terms and conditions; 

7 (B) publishing and otherwise making avail8 able to employers, labor organizations, profes9 sional associations, educational institutions, the 

10 various communication media, and the general 

11 public the findings of studies and other mate12 rials for promoting compliance with this Act; 

13 (C) sponsoring and assisting State and 

14 community informational and educational pro15 grams; and 

16 (D) providing technical assistance to em17 ployers, labor organizations, professional asso18 ciations, and other interested persons on means 

19 of achieving and maintaining compliance with 

20 the provisions of this Act. 

21 SEC. 12. RIGHTS RETAINED BY EMPLOYEES. 

22 Nothing in this Act shall be considered to diminish 

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

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

25 agreement. 


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1 SEC. 13. APPLICATION OF PROVISIONS. 

2 Not later than 12 months after the date of enactment 

3 of this Act— 

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

5 the Secretary shall issue such regulations as are nec6 essary to carry out this Act (including regulations 

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

8 7(b)(2)) with respect to employees described in 

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

10 (B) the Comptroller General of the United 

11 States and the Librarian of Congress shall issue 

12 such regulations as are necessary to carry out this 

13 Act (including regulations described in sections 

14 4(c)(2), 5(a), 5(b)(1)(E), and 7(b)(2)) with respect 

15 to employees of the Government Accountability Of16 fice and the Library of Congress, respectively; 

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

18 Compliance shall issue (in accordance with section 

19 304 of the Congressional Accountability Act of 1995 

20 (2 U.S.C. 1384)) such regulations as are necessary 

21 to carry out this Act (including regulations described 

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

23 with respect to employees described in section 

24 3(2)(A)(iii); 

25 (3) the President (or the designee of the Presi26 dent) shall issue such regulations as are necessary to 


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1 carry out this Act (including regulations described in 

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

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

4 and 

5 (4) the Director of the Office of Personnel 

6 Management shall issue such regulations as are nec7 essary to carry out this Act (including regulations 

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

9 7(b)(2)) with respect to employees described in sec10 tion 3(2)(A)(v). 

11 SEC. 14. AUTHORIZATION OF APPROPRIATIONS. 

12 There are authorized to be appropriated to carry out 

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

14 2012 and each subsequent fiscal year. 

15 SEC. 15. EFFECTIVE DATE. 

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

17 (b), this Act takes effect on the date of enactment of this 

18 Act. 

19 (b) APPLICATION OF NONREGULATORY PROVI20 SIONS.— 

21 (1) IN GENERAL.—Except as provided in para22 graph (2), sections 2 through 12 shall apply on the 

23 earlier of— 


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26 

•S 2142 IS

1 (A) the date that occurs 3 months after 

2 the date on which the Secretary issues regula3 tions under section 13(a)(1)(A); and 

4 (B) the date that occurs 15 months after 

5 the date of enactment of this Act. 

6 (2) COLLECTIVE BARGAINING AGREEMENTS.— 

7 In the case of a collective bargaining agreement in 

8 effect on the application date prescribed by para9 graph (1), sections 2 through 12 shall apply on the 

10 earlier of— 

11 (A) the date of the termination of such 

12 agreement; or 

13 (B) the date that occurs 12 months after 

14 the date of enactment of this Act. 

Æ 


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