In the Senate of the United States,
October 3, 1996.
Resolved, That the bill from the House of Representa-
tives (H.R. 3452) entitled ‘‘An Act to make certain laws ap-
plicable to the Executive Office of the President, and for
other purposes.’’, do pass with the following
AMENDMENTS:
Ω1æPage 2, in the table of contents, strike out sections
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.
Ω2æPage 3, strike out ø‘‘420¿ and insert: ‘‘421
Ω3æPage 3, strike out ø‘‘430¿ and insert: ‘‘431
Ω4æPage 3, in the heading for subchapter III, strike out
øDISPUTE-¿ and insert: DISPUTE
Ω5æPage 3, strike out ø‘‘457. Definitions.¿
Ω6æPage 3, strike out all of subchapter IV and subchapter
V and insert:
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‘‘SUBCHAPTER IV—EFFECTIVE DATE
‘‘471. Effective date.
Ω7æPage 3, strike out line 1 and insert:
‘‘SUBCHAPTER I—GENERAL PROVISIONS
Ω8æPage 3, strike out line 2 and insert:
‘‘§ 401. Definitions
Ω9æPage 3, line 3, strike out øExcept¿ and insert:
(a) IN GENERAL.—Except
Ω10æPage 4, after line 16 insert:
‘‘(b) DEFINITIONS
RELATING
TO
CERTAIN
MAT-
TERS.—For purposes of applying this chapter with respect
to any practice or other matter—
‘‘(1) to which section 411 relates, the terms ‘em-
ploying 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 ‘cov-
ered employee’ means a covered employee described in
section 412(a)(2)(B);
‘‘(3) to which section 413 relates, the term ‘cov-
ered employee’ excludes interns and volunteers, as de-
scribed in section 413(a)(2); and
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‘‘(4) to which section 416 relates, the term ‘cov-
ered employee’ means a covered employee described in
section 416(a)(2).
Ω11æPage 4, strike out line 17 and insert:
‘‘§ 402. Application of laws
Ω12æPage 6, strike out lines 1 and 2 and insert:
‘‘SUBCHAPTER II—EXTENSION OF RIGHTS AND
PROTECTIONS
Ω13æPage 6, strike out lines 9 through 14 and insert:
‘‘§ 411. Rights and protections under title VII of the
Civil Rights Act of 1964, the Age Discrimi-
nation in Employment Act of 1967, the Re-
habilitation Act of 1973, and title I of the
Americans with Disabilities Act of 1990
Ω14æPage 9, after line 13 insert:
‘‘(d) REGULATIONS TO IMPLEMENT SECTION.—
‘‘(1) IN GENERAL.—The President, or the des-
ignee of the President, shall issue regulations to im-
plement paragraphs (1) and (3) of subsection (a) and
paragraphs (1) and (3) of subsection (b).
‘‘(2) AGENCY REGULATIONS.—The regulations is-
sued under paragraph (1) shall be the same as sub-
stantive regulations promulgated by the appropriate
officer of an executive agency to implement the statu-
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tory provisions referred to in paragraphs (1) and (3)
of subsection (a) and paragraphs (1) and (3) of sub-
section (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 des-
ignee, 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 analo-
gous statutory provision referred to in para-
graph (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 protec-
tions under this section; and
‘‘(ii) would promote uniformity in the
application of Federal law to employees in
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the executive branch of the Federal Govern-
ment.
Ω15æPage 9, line 14, strike out ø(d)¿ and insert: (e)
Ω16æPage 9, after line 17 insert:
‘‘(f) EFFECTIVE DATE.—This section shall take effect
on October 1, 1997.
Ω17æPage 9, strike out lines 18 and 19 and insert:
‘‘§ 412. Rights and protections under the Family and
Medical Leave Act of 1993
Ω18æPage 10, line 13, strike out ødamages¿ and insert:
remedy
Ω19æPage 10, after line 16 insert:
‘‘(c) REGULATIONS TO IMPLEMENT SECTION.—
‘‘(1) IN GENERAL.—The President, or the des-
ignee of the President, shall issue regulations to im-
plement this section.
‘‘(2) AGENCY REGULATIONS.—The regulations is-
sued under paragraph (1) shall be the same as sub-
stantive 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
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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 des-
ignee, issue regulations to implement a provision
of subchapter V of chapter 63 of title 5, United
States Code, that applies to employees in the ex-
ecutive 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 protec-
tions under this section; and
‘‘(ii) would promote uniformity in the
application of Federal law to employees in
the executive branch of the Federal Govern-
ment.
‘‘(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.
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Ω20æPage 10, strike out lines 17 and 18 and insert:
‘‘§ 413. Rights and protections under the Fair Labor
Standards Act of 1938
Ω21æPage 11, line 14, strike out øPresident¿ and insert:
President, or the designee of the President,
Ω22æPage 11, line 21, strike out øsubsection (a) except
insofar as the President¿ and insert: subsections (a) and
(b) except to the extent that the President or designee
Ω23æPage 12, line 2, strike out øPresident¿ and insert:
President or designee
Ω24æPage 12, after line 7 insert:
‘‘(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.
Ω25æPage 12, strike out lines 8 through 10 and insert:
‘‘§ 414. Rights and protections under the Employee
Polygraph Protection Act of 1988
Ω26æPage 12, line 23, strike out øPresident¿ and insert:
President, or the designee of the President,
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Ω27æPage 13, line 6, strike out øinsofar as the President¿
and insert: to the extent that the President or designee
Ω28æPage 13, after line 10 insert:
‘‘(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.
Ω29æPage 13, strike out lines 11 through 13 and insert:
‘‘§ 415. Rights and protections under the Worker Ad-
justment and Retraining Notification Act
Ω30æPage 14, lines 3 and 4, strike out ødoes not succeed
himself¿ and insert: is not elected to a successive term
Ω31æPage 15, line 11, strike out øPresident¿ and insert:
President, or the designee of the President,
Ω32æPage 15, lines 17 and 18, strike out øsubsection (a)
except insofar as the President¿ and insert: subsections (a)
and (b) except to the extent that the President or designee
Ω33æPage 15, after line 22 insert:
‘‘(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
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‘‘(2) October 1, 1998.
Ω34æPage 16, strike out lines 1 and 2 and insert:
‘‘§ 416. Rights and protections relating to veterans’
employment and reemployment
Ω35æPage 17, line 2, strike out øPresident¿ and insert:
President, or the designee of the President,
Ω36æPage 17, strike out lines 4 through 13 and insert:
‘‘(2) AGENCY REGULATIONS.—The regulations is-
sued under paragraph (1) shall be the same as sub-
stantive 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 des-
ignee, 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
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analogous statutory provision referred to in sub-
section (a) or (b), if the issuance of such regula-
tions—
‘‘(i) would be equally effective for the
implementation of the rights and protec-
tions under this section; and
‘‘(ii) would promote uniformity in the
application of Federal law to employees in
the executive branch of the Federal Govern-
ment.
Ω37æPage 17, after line 13 insert:
‘‘(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.
Ω38æPage 17, strike out line 14 and insert:
‘‘§ 417. Prohibition of intimidation or reprisal
Ω39æPage 18, strike out lines 4 through 8
Ω40æPage 18, strike out lines 11 and 12 and insert:
‘‘§ 421. Rights and protections under the Americans
with Disabilities Act of 1990
Ω41æPage 19, after line 16 insert:
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‘‘(d) REGULATIONS TO IMPLEMENT SECTION.—
‘‘(1) IN GENERAL.—The President, or the des-
ignee of the President, shall issue regulations to im-
plement this section.
‘‘(2) AGENCY REGULATIONS.—The regulations is-
sued under paragraph (1) shall be the same as sub-
stantive regulations promulgated by the appropriate
officer of an executive agency to implement the statu-
tory 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 des-
ignee, 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 sec-
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tion 501 of the Rehabilitation Act of 1973 that
applies to agencies of the executive branch of the
Federal Government in lieu of an analogous stat-
utory 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 protec-
tions 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.
Ω42æPage 19, strike out lines 19 through 21 and insert:
‘‘§ 425. Rights and protections under the Occupa-
tional Safety and Health Act of 1970; pro-
cedures for remedy of violations
Ω43æPage 21, line 21, strike out øhe¿ and insert: the em-
ployer
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Ω44æPage 22, lines 16 and 17, strike out øappropriate
United States circuit court of appeals¿ and insert: United
States Court of Appeals for the Federal Circuit
Ω45æPage 23, line 4, strike out øPresident¿ and insert:
President, or the designee of the President,
Ω46æPage 23, lines 10 and 11, strike out øsubsection (a)
except to the extent that the President¿ and insert: sub-
sections (a) and (b)—
‘‘(A) except to the extent that the President
or designee
Ω47æPage 23, line 15, strike out øsection.¿ and insert:
section; and
‘‘(B) except that the President or designee
may, at the discretion of the President or des-
ignee, 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 protec-
tions under this section; and
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‘‘(ii) would promote uniformity in the
application of Federal law to employees in
the executive branch of the Federal Govern-
ment.
Ω48æPage 23, after line 21, insert:
‘‘(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.
Ω49æPage 24, strike out lines 2 through 5 and insert:
‘‘§ 431. Application of chapter 71 of title 5, relating to
Federal service labor-management rela-
tions; procedures for remedy of violations
Ω50æPage 25, line 5, strike out ødeems¿ and insert: may
determine that a modification of such regulations is
Ω51æPage 25, line 19, strike out øFederal Labor Rela-
tions¿
Ω52æPage 26, line 19, strike out øAdvisors¿ and insert:
Advisers
Ω53æPage 26, line 22, after ‘‘et;’’ insert: and
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or political compatibility with the employing office, of an
employee who is a covered employee.
Ω59æPage 29, strike out lines 8 and 9 and insert:
‘‘SUBCHAPTER III—ADMINISTRATIVE AND
JUDICIAL DISPUTE RESOLUTION PROCEDURES
Ω60æPage 29, strike out lines 10 and 11 and insert:
‘‘§ 451. Procedure for consideration of alleged viola-
tions
Ω61æPage 30, strike out line 1 and insert:
‘‘§ 452. Counseling and mediation
Ω62æPage 30, line 2, strike out øPresident¿ and insert:
President, or the designee of the President,
Ω63æPage 30, strike out line 13 and insert:
‘‘§ 453. Election of proceeding
Ω64æPage 30, lines 18 and 19, strike out øadministrative¿
Ω65æPage 30, strike out line 23 and insert:
‘‘§ 454. Appropriate agencies
Ω66æPage 31, line 2, after ‘‘Board.’’ insert: 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.
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Ω67æPage 31, lines 12 and 13, strike out øother Federal
employee¿ and insert: employee in the executive branch of
the Federal Government (other than a covered employee)
Ω68æPage 31, line 14, strike out øHowever, in¿ and in-
sert: In
Ω69æPage 31, line 16, strike out ø(c)(1)¿
Ω70æPage 32, lines 7 and 8, strike out øappropriate cir-
cuit court of appeals¿ and insert: United States Court of
Appeals for the Federal Circuit
Ω71æPage 32, strike out line 9 and insert:
‘‘§ 455. Effect of failure to issue regulations
Ω72æPage 32, lines 10 and 11, strike out øPresident¿ and
insert: President, or the designee of the President,
Ω73æPage 32, strike out line 17 and insert:
‘‘§ 456. Confidentiality
Ω74æPage 33, strike out line 1 and all that follows over
to and including line 20 on page 38
Ω75æPage 38, strike out all after line 20 over to and in-
cluding line 5 on page 39 and insert:
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‘‘SUBCHAPTER IV—EFFECTIVE DATE
‘‘§ 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.
(b) REGULATIONS.—Appropriate measures shall be
taken to ensure that—
(1) any regulations required to implement sec-
tion 411 of title 3, United States Code, shall be in ef-
fect by October 1, 1997; and
(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 Octo-
ber 1, 1998.
Ω76æPage 39, line 10, strike out ø(1) Chapter¿ and in-
sert:
‘‘(1) IN GENERAL.—Chapter
Ω77æPage 39, line 15, strike out all after ‘‘179,’’ down
to and including ‘‘Circuit)’’ in line 16 and insert: the Unit-
ed States Court of Appeals for the Federal Circuit
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Ω78æPage 39, strike out lines 22 and 23 and insert: made
under part D of subchapter II of chapter 5 of title 3, not-
withstanding section 7123 of title 5; or
Ω79æPage 40, strike out lines 7 through 10
Ω80æPage 40, line 11, strike out ø(2) The table of sections
for chapter 158¿ and insert:
‘‘(2) TABLE OF SECTIONS.—The table of sections
for chapter 83
Ω81æPage 40, line 23, strike out ø(A) Chapter¿ and in-
sert:
‘‘(A) IN GENERAL.—Chapter
Ω82æPage 41, line 7, strike out ø(B)¿ and insert:
‘‘(B) TABLE OF SECTIONS.—
Ω83æPage 41, line 10, strike out ø(A)¿
Ω84æPage 41, line 12, strike out øAny¿ and insert: ‘‘Any
Ω85æPage 41, strike out line 14 and all that follows down
to and including ‘‘Part’’ in line 15 and insert:
(c) PROCEDURE.—Part
Ω86æPage 43, line 3, strike out øPresident¿ and insert:
President, the designee of the President, or the Federal
Labor Relations Authority
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Ω87æPage 43, line 24, strike out ø420¿ and insert: 421
Ω88æPage 44, after line 7 insert:
‘‘(c) PUNITIVE DAMAGES.—Except as otherwise pro-
vided in chapter 5 of title 3, no punitive damages may be
awarded with respect to any claim under chapter 5 of title
3.
Ω89æPage 44, line 16, strike out øsuch office¿ and insert:
the office involved
Ω90æPage 45, strike out lines 1 through 12 and insert:
‘‘§ 3908. Definitions.
‘‘For purposes of applying this chapter, the terms ‘em-
ploying office’ and ‘covered employee’ have the meanings
given those terms in section 401 of title 3.’’.
(d) EFFECTIVE DATE.—The amendments made by this
section shall take effect on October 1, 1997.
Ω91æPage 45, line 13, strike out ø(1)¿
Ω92æPage 45, strike out line 16 and all that follows over
to and including line 5 on page 52 and insert:
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
HR 3452 EAS
nated by section 504(a)(3) of the Congressional Account-
ability Act of 1995)
Ω95æPage 52, strike out lines 10 and 11 and insert:
(b) EFFECTIVE DATE.—This section shall take effect
on October 1, 1997.
Ω96æPage 52, line 13, strike out øin which the¿ and in-
sert: under such section 303 in which a
Ω97æPage 52, strike out all after line 16 over to and in-
cluding line 2 on page 58
Attest:
Secretary.
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