96-21434. Prohibited Personnel Practices

[Federal Register Volume 61, Number 168 (Wednesday, August 28, 1996)]
[Proposed Rules]
[Page 44187]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-21434]



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Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

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Federal Register / Vol. 61, No. 168 / Wednesday, August 28, 1996 / 
Proposed Rules

[[Page 44187]]



GENERAL ACCOUNTING OFFICE

4 CFR Part 2


Prohibited Personnel Practices

AGENCY: General Accounting Office.

ACTION: Proposed rule.

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SUMMARY: This rule revises the provision concerning prohibited 
personnel practices against an applicant or employee with a disability, 
by eliminating the reference to the Rehabilitation Act and replacing it 
with the Americans with Disabilities Act (ADA), to clarify that GAO's 
legal responsibilities to the disabled derive from the ADA rather than 
the Rehabilitation Act.

DATES: Comments must be submitted on or before September 27, 1996.

ADDRESSES: Comments may be mailed to the U.S. General Accounting 
Office, Office of General Counsel, Legal Services Division, Room 7861, 
441 G Street, NW., Washington, DC 20548.

FOR FURTHER INFORMATION CONTACT: Barbara J. Simball, Senior Attorney, 
[phone].

SUPPLEMENTARY INFORMATION: A review of GAO's Personnel System 
regulations has shown that the current version of 4 CFR 2.5(a)(4) 
should be revised. In prohibiting certain personnel actions against 
persons with disabilities, 4 CFR 2.5(a)(4) implies that GAO is covered 
by section 501 of the Rehabilitation Act of 1973 (29 U.S.C. 791). As a 
legislative branch agency, GAO is not covered by the Rehabilitation Act 
of 1973, but rather by the ADA. The ADA prohibits discrimination 
against persons with disabilities. 4 CFR 2.5 is being amended to 
reflect GAO's coverage by the ADA.

List of Subjects in 4 CFR Part 2

    Civil rights, Nondiscrimination, Employment, Handicapped.

    For the reasons set out in the preamble, part 2 of title 4, chapter 
I, subchapter A of the Code of Federal Regulations is amended as 
follows:

PART 2--[AMENDED]

    1. The authority citation to part 2 continues to read as follows:

    Authority: 31 U.S.C. 732.

    2. Section 2.5 is amended by revising paragraph (a)(4) to read as 
follows:


Sec. 2.5  Prohibited personnel practices.

* * * * *
    (a) * * *
    (4) On the basis of disability as prohibited under section 509(c) 
of the Americans with Disabilities Act of 1990 (42 U.S.C. 12209(c)); or
* * * * *
Robert P. Murphy,
General Counsel.
[FR Doc. 96-21434 Filed 8-27-96; 8:45 am]
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