HR 3452

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Presidential and Executive Office Accountability Act

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)Page 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. (2)Page 3, strike out [``420] and insert: ``421 (3)Page 3, strike out [``430] and insert: ``431 (4)Page 3, in the heading for subchapter III, strike out [DISPUTE-] and insert: DISPUTE (5)Page 3, strike out [``457. Definitions.] (6)Page 3, strike out all of subchapter IV and subchapter V and insert: ``SUBCHAPTER IV--EFFECTIVE DATE ``471. Effective date. (7)Page 3, strike out line 1 and insert: ``SUBCHAPTER I--GENERAL PROVISIONS (8)Page 3, strike out line 2 and insert: ``Sec. 401. Definitions (9)Page 3, line 3, strike out [Except] and insert: (a) In General.--Except (10)Page 4, after line 16 insert: ``(b) Definitions Relating to Certain Matters.--For purposes of applying this chapter with respect to any practice or other matter-- ``(1) to which section 411 relates, the terms `employing office' and `covered employee' shall each be considered to have the meaning given to the term by such section; ``(2) to which section 412 relates, the term `covered employee' means a covered employee described in section 412(a)(2)(B); ``(3) to which section 413 relates, the term `covered employee' excludes interns and volunteers, as described in section 413(a)(2); and ``(4) to which section 416 relates, the term `covered employee' means a covered employee described in section 416(a)(2). (11)Page 4, strike out line 17 and insert: ``Sec. 402. Application of laws (12)Page 6, strike out lines 1 and 2 and insert: ``SUBCHAPTER II--EXTENSION OF RIGHTS AND PROTECTIONS (13)Page 6, strike out lines 9 through 14 and insert: ``Sec. 411. Rights and protections under title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, the Rehabilitation Act of 1973, and title I of the Americans with Disabilities Act of 1990 (14)Page 9, after line 13 insert: ``(d) Regulations To Implement Section.-- ``(1) In general.--The President, or the designee of the President, shall issue regulations to implement paragraphs (1) and (3) of subsection (a) and paragraphs (1) and (3) of subsection (b). ``(2) Agency regulations.--The regulations issued under paragraph (1) shall be the same as substantive regulations promulgated by the appropriate officer of an executive agency to implement the statutory provisions referred to in paragraphs (1) and (3) of subsection (a) and paragraphs (1) and (3) of subsection (b)-- ``(A) except to the extent that the President or designee may determine, for good cause shown and stated together with the regulation, that a modification of such regulations would be more effective for the implementation of the rights and protections under this section; and ``(B) except that the President or designee may, at the discretion of the President or designee, issue regulations to implement a provision of section 717 of the Civil Rights Act of 1964 or section 501 of the Rehabilitation Act of 1973 that applies to employees in the executive branch of the Federal Government in lieu of an analogous statutory provision referred to in paragraph (1) or (3) of subsection (a) or paragraph (1) or (3) of subsection (b), if the issuance of such regulations-- ``(i) would be equally effective for the implementation of the rights and protections under this section; and ``(ii) would promote uniformity in the application of Federal law to employees in the executive branch of the Federal Government. (15)Page 9, line 14, strike out [(d)] and insert: (e) (16)Page 9, after line 17 insert: ``(f) Effective Date.--This section shall take effect on October 1, 1997. (17)Page 9, strike out lines 18 and 19 and insert: ``Sec. 412. Rights and protections under the Family and Medical Leave Act of 1993 (18)Page 10, line 13, strike out [damages] and insert: remedy (19)Page 10, after line 16 insert: ``(c) Regulations To Implement Section.-- ``(1) In general.--The President, or the designee of the President, shall issue regulations to implement this section. ``(2) Agency regulations.--The regulations issued under paragraph (1) shall be the same as substantive regulations promulgated by the Secretary of Labor to implement the statutory provisions referred to in subsections (a) and (b)-- ``(A) except to the extent that the President or designee may determine, for good cause shown and stated together with the regulation, that a modification of such regulations would be more effective for the implementation of the rights and protections under this section; and ``(B) except that the President or designee may, at the discretion of the President or designee, issue regulations to implement a provision of subchapter V of chapter 63 of title 5, United States Code, that applies to employees in the executive branch of the Federal Government in lieu of an analogous statutory provision referred to in subsection (a) or (b), if the issuance of such regulations-- ``(i) would be equally effective for the implementation of the rights and protections under this section; and ``(ii) would promote uniformity in the application of Federal law to employees in the executive branch of the Federal Government. ``(d) Effective Date.--Subsections (a) and (b) shall take effect on the earlier of-- ``(1) the effective date of regulations issued under subsection (c); or ``(2) October 1, 1998. (20)Page 10, strike out lines 17 and 18 and insert: ``Sec. 413. Rights and protections under the Fair Labor Standards Act of 1938 (21)Page 11, line 14, strike out [President] and insert: President, or the designee of the President, (22)Page 11, line 21, strike out [subsection (a) except insofar as the President] and insert: subsections (a) and (b) except to the extent that the President or designee (23)Page 12, line 2, strike out [President] and insert: President or designee (24)Page 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. (25)Page 12, strike out lines 8 through 10 and insert: ``Sec. 414. Rights and protections under the Employee Polygraph Protection Act of 1988 (26)Page 12, line 23, strike out [President] and insert: President, or the designee of the President, (27)Page 13, line 6, strike out [insofar as the President] and insert: to the extent that the President or designee (28)Page 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. (29)Page 13, strike out lines 11 through 13 and insert: ``Sec. 415. Rights and protections under the Worker Adjustment and Retraining Notification Act (30)Page 14, lines 3 and 4, strike out [does not succeed himself] and insert: is not elected to a successive term (31)Page 15, line 11, strike out [President] and insert: President, or the designee of the President, (32)Page 15, lines 17 and 18, strike out [subsection (a) except insofar as the President] and insert: subsections (a) and (b) except to the extent that the President or designee (33)Page 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 ``(2) October 1, 1998. (34)Page 16, strike out lines 1 and 2 and insert: ``Sec. 416. Rights and protections relating to veterans' employment and reemployment (35)Page 17, line 2, strike out [President] and insert: President, or the designee of the President, (36)Page 17, strike out lines 4 through 13 and insert: ``(2) Agency regulations.--The regulations issued under paragraph (1) shall be the same as substantive regulations promulgated by the Secretary of Labor to implement the statutory provisions referred to in subsections (a) and (b)-- ``(A) except to the extent that the President or designee may determine, for good cause shown and stated together with the regulation, that a modification of such regulations would be more effective for the implementation of the rights and protections under this section; and ``(B) except that the President or designee may, at the discretion of the President or designee, issue regulations to implement a provision of section 4314 or 4324 of title 38, United States Code, that applies to employees in the executive branch of the Federal Government in lieu of an analogous statutory provision referred to in subsection (a) or (b), if the issuance of such regulations-- ``(i) would be equally effective for the implementation of the rights and protections under this section; and ``(ii) would promote uniformity in the application of Federal law to employees in the executive branch of the Federal Government. (37)Page 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. (38)Page 17, strike out line 14 and insert: ``Sec. 417. Prohibition of intimidation or reprisal (39)Page 18, strike out lines 4 through 8 (40)Page 18, strike out lines 11 and 12 and insert: ``Sec. 421. Rights and protections under the Americans with Disabilities Act of 1990 (41)Page 19, after line 16 insert: ``(d) Regulations To Implement Section.-- ``(1) In general.--The President, or the designee of the President, shall issue regulations to implement this section. ``(2) Agency regulations.--The regulations issued under paragraph (1) shall be the same as substantive regulations promulgated by the appropriate officer of an executive agency to implement the statutory provisions referred to in subsections (a) and (b)-- ``(A) except to the extent that the President or designee may determine, for good cause shown and stated together with the regulation, that a modification of such regulations would be more effective for the implementation of the rights and protections under this section; and ``(B) except that the President or designee may, at the discretion of the President or designee, issue regulations to implement a provision of section 1, 2, 3, or 6 of the Act entitled `An Act to insure that certain buildings financed with Federal funds are so designed and constructed as to be accessible to the physically handicapped', approved August 12, 1968 (commonly known as the `Architectural Barriers Act of 1968') or section 501 of the Rehabilitation Act of 1973 that applies to agencies of the executive branch of the Federal Government in lieu of an analogous statutory provision referred to in subsection (a) or (b), if the issuance of such regulations-- ``(i) would be equally effective for the implementation of the rights and protections under this section; and ``(ii) would promote uniformity in the application of Federal law to agencies of the executive branch of the Federal Government. ``(e) Effective Date.--Subsections (a), (b), and (c) shall take effect on the earlier of-- ``(1) the effective date of regulations issued under subsection (d); or ``(2) October 1, 1998. (42)Page 19, strike out lines 19 through 21 and insert: ``Sec. 425. Rights and protections under the Occupational Safety and Health Act of 1970; procedures for remedy of violations (43)Page 21, line 21, strike out [he] and insert: the employer (44)Page 22, lines 16 and 17, strike out [appropriate United States circuit court of appeals] and insert: United States Court of Appeals for the Federal Circuit (45)Page 23, line 4, strike out [President] and insert: President, or the designee of the President, (46)Page 23, lines 10 and 11, strike out [subsection (a) except to the extent that the President] and insert: subsections (a) and (b)-- ``(A) except to the extent that the President or designee (47)Page 23, line 15, strike out [section.] and insert: section; and ``(B) except that the President or designee may, at the discretion of the President or designee, issue regulations to implement a provision of section 19 of the Occupational Safety and Health Act of 1970 that applies to agencies or employees of the executive branch of the Federal Government in lieu of an analogous statutory provision referred to in subsection (a) or (b), if the issuance of such regulations-- ``(i) would be equally effective for the implementation of the rights and protections under this section; and ``(ii) would promote uniformity in the application of Federal law to employees in the executive branch of the Federal Government. (48)Page 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. (49)Page 24, strike out lines 2 through 5 and insert: ``Sec. 431. Application of chapter 71 of title 5, relating to Federal service labor-management relations; procedures for remedy of violations (50)Page 25, line 5, strike out [deems] and insert: may determine that a modification of such regulations is (51)Page 25, line 19, strike out [Federal Labor Relations] (52)Page 26, line 19, strike out [Advisors] and insert: Advisers (53)Page 26, line 22, after ``et;'' insert: and (54)Page 26, line 24, strike out [Policy; and] and insert: Policy. (55)Page 27, strike out lines 1 and 2 and insert: ``(e) Effective Date.-- ``(1) In general.--Except as provided in paragraph (2), subsections (a) and (b) shall take effect on the earlier of-- ``(A) the effective date of regulations issued under subsection (c); or ``(B) October 1, 1998. ``(2) Certain employing offices.--Subsections (a) and (b) shall take effect, with respect to employing offices, and employees of employing offices, referred to in subsection (d)(2), on the earlier of-- ``(A) the effective date of regulations issued under subsection (d); or ``(B) October 1, 1998. (56)Page 27, strike out lines 4 and 5 and insert: ``Sec. 435. Generally applicable remedies and limitations (57)Page 27, line 9, strike out [420] and insert: 421 (58)Page 29, strike out lines 3 through 7 and insert: ``(g) Political Affiliation.--It shall not be a violation of any provision of this chapter to consider, or make any employment decision based on, the party affiliation, or political compatibility with the employing office, of an employee who is a covered employee. (59)Page 29, strike out lines 8 and 9 and insert: ``SUBCHAPTER III--ADMINISTRATIVE AND JUDICIAL DISPUTE RESOLUTION PROCEDURES (60)Page 29, strike out lines 10 and 11 and insert: ``Sec. 451. Procedure for consideration of alleged violations (61)Page 30, strike out line 1 and insert: ``Sec. 452. Counseling and mediation (62)Page 30, line 2, strike out [President] and insert: President, or the designee of the President, (63)Page 30, strike out line 13 and insert: ``Sec. 453. Election of proceeding (64)Page 30, lines 18 and 19, strike out [administrative] (65)Page 30, strike out line 23 and insert: ``Sec. 454. Appropriate agencies (66)Page 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. (67)Page 31, lines 12 and 13, strike out [other Federal employee] and insert: employee in the executive branch of the Federal Government (other than a covered employee) (68)Page 31, line 14, strike out [However, in] and insert: In (69)Page 31, line 16, strike out [(c)(1)] (70)Page 32, lines 7 and 8, strike out [appropriate circuit court of appeals] and insert: United States Court of Appeals for the Federal Circuit (71)Page 32, strike out line 9 and insert: ``Sec. 455. Effect of failure to issue regulations (72)Page 32, lines 10 and 11, strike out [President] and insert: President, or the designee of the President, (73)Page 32, strike out line 17 and insert: ``Sec. 456. Confidentiality (74)Page 33, strike out line 1 and all that follows over to and including line 20 on page 38 (75)Page 38, strike out all after line 20 over to and including line 5 on page 39 and insert: ``SUBCHAPTER IV--EFFECTIVE DATE ``Sec. 471. Effective date ``(a) In General.--Except as otherwise provided in this chapter, this chapter shall take effect on October 1, 1997. ``(b) Regulations.--Sections 411(d), 412(c), 413(c), 414(c), 415(c), 416(c), 421(d), 425(d), 431(c), 431(d), 452(a), and 454(a) shall take effect on the date of enactment of this Act. (b) Regulations.--Appropriate measures shall be taken to ensure that-- (1) any regulations required to implement section 411 of title 3, United States Code, shall be in effect by October 1, 1997; and (2) any other regulations needed to implement chapter 5 of title 3, United States Code shall be in effect as soon as practicable, but not later than October 1, 1998. (76)Page 39, line 10, strike out [(1) Chapter] and insert: ``(1) In general.--Chapter (77)Page 39, line 15, strike out all after ``179,'' down to and including ``Circuit)'' in line 16 and insert: the United States Court of Appeals for the Federal Circuit (78)Page 39, strike out lines 22 and 23 and insert: made under part D of subchapter II of chapter 5 of title 3, notwithstanding section 7123 of title 5; or (79)Page 40, strike out lines 7 through 10 (80)Page 40, line 11, strike out [(2) The table of sections for chapter 158] and insert: ``(2) Table of sections.--The table of sections for chapter 83 (81)Page 40, line 23, strike out [(A) Chapter] and insert: ``(A) In general.--Chapter (82)Page 41, line 7, strike out [(B)] and insert: ``(B) Table of sections.-- (83)Page 41, line 10, strike out [(A)] (84)Page 41, line 12, strike out [Any] and insert: ``Any (85)Page 41, strike out line 14 and all that follows down to and including ``Part'' in line 15 and insert: (c) Procedure.--Part (86)Page 43, line 3, strike out [President] and insert: President, the designee of the President, or the Federal Labor Relations Authority (87)Page 43, line 24, strike out [420] and insert: 421 (88)Page 44, after line 7 insert: ``(c) Punitive Damages.--Except as otherwise provided in chapter 5 of title 3, no punitive damages may be awarded with respect to any claim under chapter 5 of title 3. (89)Page 44, line 16, strike out [such office] and insert: the office involved (90)Page 45, strike out lines 1 through 12 and insert: ``Sec. 3908. Definitions. ``For purposes of applying this chapter, the terms `employing office' and `covered employee' have the meanings given those terms in section 401 of title 3.''. (d) Effective Date.--The amendments made by this section shall take effect on October 1, 1997. (91)Page 45, line 13, strike out [(1)] (92)Page 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 after the date of the enactment of this Act, shall be deemed to apply with respect to ``employing offices'' and ``covered employees'' (within the meaning of section 401 of title 3, United States Code, as added by this Act), unless such law specifically provides otherwise and expressly cites this section. (b) Regulations.-- (1) In general.--The President, or the designee of the President, shall issue regulations to implement such provision. (2) Agency regulations.--The regulations issued under paragraph (1) to implement a provision shall be the same as substantive regulations promulgated by the head of the appropriate executive agency to implement the provision, except to the extent that the President or designee may determine, for good cause shown and stated together with the regulation, that a modification of such regulations would be more effective for the implementation of the rights and protections under the section. (93)Page 52, line 6, strike out [7. repeal of section 320] and insert: 5. repeal of section 303 (94)Page 52, lines 8 and 9, strike out [320 of the Government Employee Rights Act of 1991] and insert: 303 of the Government Employee Rights Act of 1991 (as redesignated by section 504(a)(3) of the Congressional Accountability Act of 1995) (95)Page 52, strike out lines 10 and 11 and insert: (b) Effective Date.--This section shall take effect on October 1, 1997. (96)Page 52, line 13, strike out [in which the] and insert: under such section 303 in which a (97)Page 52, strike out all after line 16 over to and including line 2 on page 58 Attest: Secretary. H. R. 3452