Office of Senate Chief Counsel for Employment: Comments on the Notice of Proposed Rulemaking Implementing Section 210 of the Congressional Accountability Act of 1995 – October 9, 2014
Posted October 9th, 2014
Dear’ Ms. Sapin:
Pursuant to 2 U.S.C. § 1384(b)(2), the Office of Senate Chief Counsel for Employment (“SCCE”) submits the following comments to Notice of Proposed Rulemaking (“NPRM”) published at 160 Cong . Rec . S5437 (daily ed. Sept. 9, 2014). The NPRM purports to propose regulations to implement Section 210 of the Congressional Accountability Act of 1995, as amended (“CAA”), which incorporates certain provisions of Titles II andIII of the Americans With Disabilities Act of 1990 (“ADA”). See 2 U.S.C. § 1331 (2012).
As explained in detail below, the Board of Directors of the Office of Compliance (“the Board”), through its NPRM, has proposed a regulatory scheme that could have the unprecedented result of transferring to the Executive Branch the Senate’s rulemaking power and the Senate’s statutory prerogative to review and approve CAA regulations that would apply to covered Senate entities. Rather than fulfilling its statutory duty to review applicable Executive agency regulations and to issue public services and accommodations standards tailored to the Legislative Branch, the Board has proposed regulations that merely incorporate by reference Executive agency regulations as they will exist at an undetermined date in the future. On this basis alone, the Board should withdraw the NPRM; however, many other reasons exist that should compel the same result.
The proposed regulations are fraught with problems, which include, but are not limited to: (1) incorporating by reference sections of the Code of Federal Regulations (“C.F.R.”) that no longer exist, are not applicable to implementation of CAA § 210, or are issued by an Executive agency not specified in CAA § 210; (2) requiring covered legislative entities to use individual office accounts to pay awards of attorney’s fees, costs and compensatory damages in violation of CAA § 415(a); (3) authorizing awards of compensatory damages in the absence of a waiver of sovereign immunity from such damages awards; (4) enlarging the powers ofthe General Counsel ofthe Office ofCompliance to include rulemaking authority without statutory authorization; and (5) creating more uncertainty for covered entities and individuals with disabilities regarding their rights and obligations under CAA § 210 than the current situation in which no regulations are in force.
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Office of Senate Chief Counsel for Employment: Comments on the Notice of Proposed Rulemaking Implementing Section 210 of the Congressional Accountability Act of 1995 – October 9, 2014
Posted October 9th, 2014
Dear’ Ms. Sapin:
Pursuant to 2 U.S.C. § 1384(b)(2), the Office of Senate Chief Counsel for Employment (“SCCE”) submits the following comments to Notice of Proposed Rulemaking (“NPRM”) published at 160 Cong . Rec . S5437 (daily ed. Sept. 9, 2014). The NPRM purports to propose regulations to implement Section 210 of the Congressional Accountability Act of 1995, as amended (“CAA”), which incorporates certain provisions of Titles II andIII of the Americans With Disabilities Act of 1990 (“ADA”). See 2 U.S.C. § 1331 (2012).
As explained in detail below, the Board of Directors of the Office of Compliance (“the Board”), through its NPRM, has proposed a regulatory scheme that could have the unprecedented result of transferring to the Executive Branch the Senate’s rulemaking power and the Senate’s statutory prerogative to review and approve CAA regulations that would apply to covered Senate entities. Rather than fulfilling its statutory duty to review applicable Executive agency regulations and to issue public services and accommodations standards tailored to the Legislative Branch, the Board has proposed regulations that merely incorporate by reference Executive agency regulations as they will exist at an undetermined date in the future. On this basis alone, the Board should withdraw the NPRM; however, many other reasons exist that should compel the same result.
The proposed regulations are fraught with problems, which include, but are not limited to: (1) incorporating by reference sections of the Code of Federal Regulations (“C.F.R.”) that no longer exist, are not applicable to implementation of CAA § 210, or are issued by an Executive agency not specified in CAA § 210; (2) requiring covered legislative entities to use individual office accounts to pay awards of attorney’s fees, costs and compensatory damages in violation of CAA § 415(a); (3) authorizing awards of compensatory damages in the absence of a waiver of sovereign immunity from such damages awards; (4) enlarging the powers ofthe General Counsel ofthe Office ofCompliance to include rulemaking authority without statutory authorization; and (5) creating more uncertainty for covered entities and individuals with disabilities regarding their rights and obligations under CAA § 210 than the current situation in which no regulations are in force.
Learn more and continue to read by downloading the following document(s).
Office of Senate Chief Counsel for Employment: Comments on the Notice of Proposed Rulemaking Implementing Section 210 of the Congressional Accountability Act of 1995 - October 9, 2014
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CATEGORIES: Comments Pending Regulations Substantive Regulations involving the Americans with Disabilities Act (ADA)
TAGS: ADA Notice of Proposed Rulemaking (NPRM)