PUBLIC LAW 104–331—OCT. 26, 1996 110 STAT. 4053

Public Law 104–331

104th Congress

An Act

To make certain laws applicable to the Executive Office of the President, and

for other purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

(a) SHORT TITLE.—This Act may be cited as the ‘‘Presidential

and Executive Office Accountability Act’’.

(b) TABLE OF CONTENTS.—The table of contents for this Act

is as follows:

Sec. 1. Short title and table of contents.

Sec. 2. Extension of certain rights and protections to presidential offices.

Sec. 3. Amendments to title 28, United States Code.

Sec. 4. Applicability of future employment laws.

Sec. 5. Repeal of section 303 of the Government Employee Rights Act of 1991.

SEC. 2. EXTENSION OF CERTAIN RIGHTS AND PROTECTIONS TO

PRESIDENTIAL OFFICES.

(a) IN GENERAL.—Title 3, United States Code, is amended

by adding at the end the following:

‘‘CHAPTER 5—EXTENSION OF CERTAIN RIGHTS AND

PROTECTIONS TO PRESIDENTIAL OFFICES

‘‘SUBCHAPTER I—GENERAL PROVISIONS

‘‘Sec.

‘‘401. Definitions.

‘‘402. Application of laws.

‘‘SUBCHAPTER II—EXTENSION OF RIGHTS AND PROTECTIONS

‘‘PART A—EMPLOYMENT DISCRIMINATION, FAMILY AND MEDICAL LEAVE, FAIR LABOR

STANDARDS, EMPLOYEE POLYGRAPH PROTECTION, WORKER ADJUSTMENT AND

RETRAINING, EMPLOYMENT AND REEMPLOYMENT OF VETERANS, AND INTIMIDATION

‘‘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.

‘‘412. Rights and protections under the Family and Medical Leave Act of 1993.

‘‘413. Rights and protections under the Fair Labor Standards Act of 1938.

‘‘414. Rights and protections under the Employee Polygraph Protection Act of 1988.

‘‘415. Rights and protections under the Worker Adjustment and Retraining

Notification Act.

‘‘416. Rights and protections relating to veterans’ employment and reemployment.

‘‘417. Prohibition of intimidation or reprisal.

‘‘PART B—PUBLIC ACCESS PROVISIONS UNDER THE AMERICANS WITH DISABILITIES

ACT OF 1990

‘‘421. Rights and protections under the Americans With Disabilities Act of 1990.

3 USC 401 note.

Presidential and

Executive Office

Accountability

Act.

Oct. 26, 1996

[H.R. 3452]
110 STAT. 4054 PUBLIC LAW 104–331—OCT. 26, 1996

‘‘PART C—OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970

‘‘425. Rights and protections under the Occupational Safety and Health Act of 1970;

procedures for remedy of violations.

‘‘PART D—LABOR-MANAGEMENT RELATIONS

‘‘431. Application of chapter 71 of title 5, relating to Federal service labor-management relations; procedures for remedy of violations.

‘‘PART E—GENERAL

‘‘435. Generally applicable remedies and limitations.

‘‘SUBCHAPTER III—ADMINISTRATIVE AND JUDICIAL DISPUTE

RESOLUTION PROCEDURES

‘‘451. Procedure for consideration of alleged violations.

‘‘452. Counseling and mediation.

‘‘453. Election of proceeding.

‘‘454. Appropriate agencies.

‘‘455. Effect of failure to issue regulations.

‘‘456. Confidentiality.

‘‘SUBCHAPTER IV—EFFECTIVE DATE

‘‘471. Effective date.

‘‘SUBCHAPTER I—GENERAL PROVISIONS

‘‘§ 401. Definitions.

‘‘(a) IN GENERAL.—Except as otherwise specifically provided

in this chapter, as used in this chapter:

‘‘(1) BOARD.—The term ‘Board’ means the Merit Systems

Protection Board under chapter 12 of title 5.

‘‘(2) COVERED EMPLOYEE.—The term ‘covered employee’

means any employee of an employing office.

‘‘(3) EMPLOYEE.—The term ‘employee’ includes an applicant

for employment and a former employee.

‘‘(4) EMPLOYING OFFICE.—The term ‘employing office’

means—

‘‘(A) each office, agency, or other component of the

Executive Office of the President;

‘‘(B) the Executive Residence at the White House; and

‘‘(C) the official residence (temporary or otherwise) of

the Vice President.

‘‘(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).

‘‘§ 402. Application of laws

‘‘The following laws shall apply, as prescribed by this chapter,

to all employing offices (including employing offices within the

meaning of section 411, to the extent prescribed therein):
PUBLIC LAW 104–331—OCT. 26, 1996 110 STAT. 4055

‘‘(1) The Fair Labor Standards Act of 1938.

‘‘(2) Title VII of the Civil Rights Act of 1964.

‘‘(3) The Americans with Disabilities Act of 1990.

‘‘(4) The Age Discrimination in Employment Act of 1967.

‘‘(5) The Family and Medical Leave Act of 1993.

‘‘(6) The Occupational Safety and Health Act of 1970.

‘‘(7) Chapter 71 (relating to Federal service labor-management relations) of title 5.

‘‘(8) The Employee Polygraph Protection Act of 1988.

‘‘(9) The Worker Adjustment and Retraining Notification

Act.

‘‘(10) The Rehabilitation Act of 1973.

‘‘(11) Chapter 43 (relating to veterans’ employment and

reemployment) of title 38.

‘‘SUBCHAPTER II—EXTENSION OF RIGHTS AND

PROTECTIONS

‘‘PART A—EMPLOYMENT DISCRIMINATION, FAMILY AND MEDICAL

LEAVE, FAIR LABOR STANDARDS, EMPLOYEE POLYGRAPH PROTECTION, WORKER ADJUSTMENT AND RETRAINING, EMPLOYMENT AND

REEMPLOYMENT OF VETERANS, AND INTIMIDATION

‘‘§ 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

‘‘(a) DISCRIMINATORY PRACTICES PROHIBITED.—All personnel

actions affecting covered employees shall be made free from any

discrimination based on—

‘‘(1) race, color, religion, sex, or national origin, within

the meaning of section 703 of the Civil Rights Act of 1964;

‘‘(2) age, within the meaning of section 15 of the Age

Discrimination in Employment Act of 1967; or

‘‘(3) disability, within the meaning of section 501 of the

Rehabilitation Act of 1973 and sections 102 through 104 of

the Americans with Disabilities Act of 1990.

‘‘(b) REMEDY.—

‘‘(1) CIVIL RIGHTS.—The remedy for a violation of subsection

(a)(1) shall be—

‘‘(A) such damages as would be appropriate if awarded

under section 706(g) of the Civil Rights Act of 1964; and

‘‘(B) such compensatory damages as would be appropriate if awarded under section 1977 of the Revised Statutes, or as would be appropriate if awarded under sections

1977A(a)(1), 1977A(b)(2), and, irrespective of the size of

the employing office, 1977A(b)(3)(D) of the Revised

Statutes.

‘‘(2) AGE DISCRIMINATION.—The remedy for a violation of

subsection (a)(2) shall be—

‘‘(A) such damages as would be appropriate if awarded

under section 15(c) of the Age Discrimination in Employment Act of 1967; and

‘‘(B) such liquidated damages as would be appropriate

if awarded under section 7(b) of such Act.
110 STAT. 4056 PUBLIC LAW 104–331—OCT. 26, 1996

‘‘In addition, the waiver provisions of section 7(f) of such Act

shall apply to covered employees.

‘‘(3) DISABILITIES DISCRIMINATION.—The remedy for a

violation of subsection (a)(3) shall be—

‘‘(A) such damages as would be appropriate if awarded

under section 505(a)(1) of the Rehabilitation Act of 1973

or section 107(a) of the Americans with Disabilities Act

of 1990; and

‘‘(B) such compensatory damages as would be appropriate if awarded under sections 1977A(a)(2), 1977A(a)(3),

1977A(b)(2), and, irrespective of the size of the employing

office, 1977A(b)(3)(D) of the Revised Statutes.

‘‘(c) DEFINITIONS.—Except as otherwise specifically provided in

this section, as used in this section:

‘‘(1) COVERED EMPLOYEE.—The term ‘covered employee’

means any employee of a unit of the executive branch, including

the Executive Office of the President, whether appointed by

the President or by any other appointing authority in the

executive branch, who is not otherwise entitled to bring an

action under any of the statutes referred to in subsection (a),

but does not include any individual—

‘‘(A) whose appointment is made by and with the advice

and consent of the Senate;

‘‘(B) who is appointed to an advisory committee, as

defined in section 3(2) of the Federal Advisory Committee

Act; or

‘‘(C) who is a member of the uniformed services.

‘‘(2) EMPLOYING OFFICE.—The term ‘employing office’, with

respect to a covered employee, means the office, agency, or

other entity in which the covered employee is employed (or

sought employment or was employed in the case of an applicant

or former employee, respectively).

‘‘(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—
PUBLIC LAW 104–331—OCT. 26, 1996 110 STAT. 4057

‘‘(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.

‘‘(e) APPLICABILITY.—Subsections (a) through (c), and section

417 (to the extent that it relates to any matter under this section),

shall apply with respect to violations occurring on or after the

effective date of this chapter.

‘‘(f) EFFECTIVE DATE.—This section shall take effect on October

1, 1997.

‘‘§ 412. Rights and protections under the Family and Medical

Leave Act of 1993

‘‘(a) FAMILY AND MEDICAL LEAVE RIGHTS AND PROTECTIONS

PROVIDED.—

‘‘(1) IN GENERAL.—The rights and protections established

by sections 101 through 105 of the Family and Medical Leave

Act of 1993 shall apply to covered employees.

‘‘(2) DEFINITIONS.—For purposes of the application

described in paragraph (1)—

‘‘(A) the term ‘employer’ as used in the Family and

Medical Leave Act of 1993 means any employing office;

and

‘‘(B) the term ‘eligible employee’ as used in the Family

and Medical Leave Act of 1993 means a covered employee

who has been employed in any employing office for 12

months and for at least 1,250 hours of employment during

the previous 12 months.

‘‘(b) REMEDY.—The remedy for a violation of subsection (a)

shall be such remedy, including liquidated damages, as would be

appropriate if awarded under paragraph (1) of section 107(a) of

the Family and Medical Leave Act of 1993.

‘‘(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
110 STAT. 4058 PUBLIC LAW 104–331—OCT. 26, 1996

‘‘(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.

‘‘§ 413. Rights and protections under the Fair Labor

Standards Act of 1938

‘‘(a) FAIR LABOR STANDARDS.—

‘‘(1) IN GENERAL.—The rights and protections established

by subsections (a)(1) and (d) of section 6, section 7, and section

12(c) of the Fair Labor Standards Act of 1938 shall apply

to covered employees.

‘‘(2) INTERNS AND VOLUNTEERS.—For the purposes of this

section, the term ‘covered employee’ does not include an intern

or a volunteer as defined in regulations under subsection (c).

‘‘(3) COMPENSATORY TIME.—Except as provided in regulations under subsection (c)(3), covered employees may not receive

compensatory time in lieu of overtime compensation.

‘‘(b) REMEDY.—The remedy for a violation of subsection (a)

shall be such damages, including liquidated damages, as would

be appropriate if awarded under section 16(b) of the Fair Labor

Standards Act of 1938.

‘‘(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.—Except as provided in paragraph (3), 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) 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.

‘‘(3) IRREGULAR WORK SCHEDULES.—The President or designee shall issue regulations for covered employees whose work

schedules directly depend on the schedule of the President

or the Vice President that shall be comparable to the provisions

in the Fair Labor Standards Act of 1938 that apply to employees

who have irregular work schedules.

‘‘(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.

‘‘§ 414. Rights and protections under the Employee

Polygraph Protection Act of 1988

‘‘(a) POLYGRAPH PRACTICES PROHIBITED.—No employing office

may require a covered employee to take a lie detector test where

such a test would be prohibited if required by an employer under

paragraph (1), (2), or (3) of section 3 of the Employee Polygraph
PUBLIC LAW 104–331—OCT. 26, 1996 110 STAT. 4059

Protection Act of 1988. In addition, the waiver provisions of section

6(d) of such Act shall apply to covered employees.

‘‘(b) REMEDY.—The remedy for a violation of subsection (a)

shall be such damages as would be appropriate if awarded under

section 6(c)(1) of the Employee Polygraph Protection Act of 1988.

‘‘(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) 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.

‘‘(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.

‘‘§ 415. Rights and protections under the Worker Adjustment

and Retraining Notification Act

‘‘(a) WORKER ADJUSTMENT AND RETRAINING NOTIFICATION

RIGHTS.—

‘‘(1) IN GENERAL.—Except as provided in paragraph (2),

no employing office shall be closed or mass layoff ordered within

the meaning of section 3 of the Worker Adjustment and Retraining Notification Act until the end of a 60-day period after

the employing office serves written notice of such prospective

closing or layoff to representatives of covered employees or,

if there are no representatives, to covered employees.

‘‘(2) EXCEPTION.—

‘‘(A) IN GENERAL.—In the event that a President

(hereinafter in this paragraph referred to as the ‘previous

President’) is not elected to a successive term in office

as a result of the election of a new President—

‘‘(i) no notice or waiting period shall be required

under paragraph (1) with respect to the separation

of any individual described in subparagraph (B), if

such separation occurs pursuant to a closure or mass

layoff ordered after the term of the new President

commences; and

‘‘(ii) if any individual is separated from service,

or begins a period of leave under the Family and

Medical Leave Act of 1993, before such term commences, nothing in this chapter shall require reinstatement or restoration to employment of the individual

after such term commences.

‘‘(B) DESCRIPTION OF INDIVIDUALS.—An individual

described in this subparagraph is any covered employee

serving pursuant to an appointment made during—

‘‘(i) the term of office of the previous

President; or
110 STAT. 4060 PUBLIC LAW 104–331—OCT. 26, 1996

‘‘(ii) any term, earlier than the term referred to

in clause (i), during which such previous President

served as President or Vice President.

‘‘(b) REMEDY.—The remedy for a violation of subsection (a)

shall be such damages as would be appropriate if awarded under

paragraphs (1), (2), and (4) of section 5(a) of the Worker Adjustment

and Retraining Notification Act.

‘‘(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) 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.

‘‘(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.

‘‘§ 416. Rights and protections relating to veterans’

employment and reemployment

‘‘(a) EMPLOYMENT AND REEMPLOYMENT RIGHTS OF MEMBERS

OF THE UNIFORMED SERVICES.—

‘‘(1) IN GENERAL.—It shall be unlawful for an employing

office to—

‘‘(A) discriminate, within the meaning of subsections

(a) and (b) of section 4311 of title 38, against an eligible

employee;

‘‘(B) deny to an eligible employee reemployment rights

within the meaning of sections 4312 and 4313 of title

38; or

‘‘(C) deny to an eligible employee benefits within the

meaning of sections 4316, 4317, and 4318 of title 38.

‘‘(2) DEFINITION.—For purposes of this section, the term

‘eligible employee’ means a covered employee performing service

in the uniformed services, within the meaning of section

4303(13) of title 38, whose service has not been terminated

upon the occurrence of any of the events enumerated in section

4304 of such title.

‘‘(b) REMEDY.—The remedy for a violation of subsection (a)

shall be such damages as would be appropriate if awarded under

paragraphs (1) and (2)(A) of section 4323(c) of title 38.

‘‘(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
PUBLIC LAW 104–331—OCT. 26, 1996 110 STAT. 4061

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.

‘‘(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.

‘‘§ 417. Prohibition of intimidation or reprisal

‘‘(a) IN GENERAL.—It shall be unlawful for an employing office

to intimidate, take reprisal against, or otherwise discriminate

against, any covered employee because the covered employee has

opposed any practice made unlawful by this chapter, or because

the covered employee has initiated proceedings, made a charge,

or testified, assisted, or participated in any manner in a hearing

or other proceeding under this chapter.

‘‘(b) REMEDY.—A violation of subsection (a) may be remedied

by any legal remedy available to redress the practice opposed by

the covered employee or other violation of law as to which the

covered employee initiated proceedings, made a charge, or engaged

in other conduct protected under subsection (a).

‘‘PART B—PUBLIC ACCESS PROVISIONS UNDER THE AMERICANS WITH

DISABILITIES ACT OF 1990

‘‘§ 421. Rights and protections under the Americans with

Disabilities Act of 1990

‘‘(a) RIGHTS AND PROTECTIONS.—The rights and protections

against discrimination in the provision of public services and accommodations established by sections 201, 202, and 204, and sections

302, 303, and 309, of the Americans with Disabilities Act of 1990

shall apply, to the extent that public services, programs, or activities

are provided, with respect to the White House and its appurtenant

grounds and gardens, the Old Executive Office Building, the New

Executive Office Buildings, and any other facility to the extent

that offices are provided for employees of the Executive Office

of the President.

‘‘(b) REMEDY.—The remedy for a violation of subsection (a)

shall be such remedy as would be appropriate if awarded under

section 203 or 308 of the Americans with Disabilities Act of 1990,

as the case may be, except that, with respect to any claim of

employment discrimination, the exclusive remedy shall be under
110 STAT. 4062 PUBLIC LAW 104–331—OCT. 26, 1996

section 411 of this title. A remedy under the preceding sentence

shall be enforced in accordance with applicable provisions of such

section 203 or 308, as the case may be.

‘‘(c) DEFINITION.—For purposes of the application under this

section of the Americans with Disabilities Act of 1990, the term

‘public entity’ as used in such Act, means, to the extent that

public services, programs, or activities are provided, the White

House and its appurtenant grounds and gardens, the Old Executive

Office Building, the New Executive Office Buildings, and any other

facility to the extent that offices are provided for employees of

the Executive Office of the President.

‘‘(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.

‘‘PART C—OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970

‘‘§ 425. Rights and protections under the Occupational Safety

and Health Act of 1970; procedures for remedy of

violations

‘‘(a) OCCUPATIONAL SAFETY AND HEALTH PROTECTIONS.—

‘‘(1) IN GENERAL.—Each employing office and each covered

employee shall comply with the provisions of section 5 of the

Occupational Safety and Health Act of 1970.
PUBLIC LAW 104–331—OCT. 26, 1996 110 STAT. 4063

‘‘(2) DEFINITIONS.—For purposes of the application under

this section of the Occupational Safety and Health Act of 1970—

‘‘(A) the term ‘employer’ as used in such Act means

an employing office; and

‘‘(B) the term ‘employee’ as used in such Act means

a covered employee.

‘‘(b) REMEDY.—The remedy for a violation of subsection (a)

shall be an order to correct the violation, including such

order as would be appropriate if issued under section 13(a) of

the Occupational Safety and Health Act of 1970.

‘‘(c) PROCEDURES.—

‘‘(1) REQUESTS FOR INSPECTIONS.—Upon written request

of any employing office or covered employee, the Secretary

of Labor shall have the authority to inspect and investigate

places of employment under the jurisdiction of employing offices

in accordance with subsections (a), (d), (e), and (f) of section

8 of the Occupational Safety and Health Act of 1970.

‘‘(2) CITATIONS, NOTICES, AND NOTIFICATIONS.—The

Secretary of Labor shall have the authority, in accordance

with sections 9 and 10 of the Occupational Safety and Health

Act of 1970, to issue—

‘‘(A) a citation or notice to any employing office responsible for correcting a violation of subsection (a); or

‘‘(B) a notification to any employing office that the

Secretary of Labor believes has failed to correct a violation

for which a citation has been issued within the period

permitted for its correction.

‘‘(3) HEARINGS AND REVIEW.—If after issuing a citation

or notification, the Secretary of Labor determines that a violation has not been corrected—

‘‘(A) the citation and notification shall be deemed a

final order (within the meaning of section 10(b) of the

Occupational Safety and Health Act of 1970) if the employer

fails to notify the Secretary of Labor within 15 days (excluding Saturdays, Sundays, and Federal holidays) after receipt

of the notice that the employer intends to contest the

citation or notification; or

‘‘(B) opportunity for a hearing before the Occupational

Safety and Health Review Commission shall be afforded

in accordance with section 10(c) of the Occupational Safety

and Health Act of 1970, if the employer gives timely notice

to the Secretary that he intends to contest the citation

or notification.

‘‘(4) VARIANCE PROCEDURES.—An employing office may

request from the Secretary of Labor an order granting a

variance from a standard made applicable by this section, in

accordance with sections 6(b)(6) and 6(d) of the Occupational

Safety and Health Act of 1970.

‘‘(5) JUDICIAL REVIEW.—Any person or employing office

aggrieved by a final decision of the Occupational Safety and

Health Review Commission under paragraph (3) or the

Secretary of Labor under paragraph (4) may file a petition

for review with the United States Court of Appeals for the

Federal Circuit under section 1296 of title 28.

‘‘(6) COMPLIANCE DATE.—If new appropriated funds are

necessary to correct a violation of subsection (a) for which

a citation is issued, or to comply with an order requiring
110 STAT. 4064 PUBLIC LAW 104–331—OCT. 26, 1996

correction of such a violation, correction or compliance shall

take place as soon as possible, but not later than the end

of the fiscal year following the fiscal year in which the citation

is issued or the order requiring correction becomes final and

not subject to further review.

‘‘(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 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 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.

‘‘(3) EMPLOYING OFFICE RESPONSIBLE FOR CORRECTION.—

The regulations issued under paragraph (1) shall include a

method of identifying, for purposes of this section and for

different categories of violations of subsection (a), the employing

office responsible for correction of a particular violation.

‘‘(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.

‘‘PART D—LABOR-MANAGEMENT RELATIONS

‘‘§ 431. Application of chapter 71 of title 5, relating to Federal

service labor-management relations; procedures for

remedy of violations

‘‘(a) LABOR-MANAGEMENT RIGHTS.—Subject to subsection (d),

chapter 71 of title 5 shall apply to employing offices and to covered

employees and representatives of those employees, except that

covered employees shall not have a right to reinstatement pursuant

to section 7118(a)(7)(C) or 7123 of title 5.

‘‘(b) DEFINITION.—For purposes of the application under this

section of chapter 71 of title 5, the term ‘agency’ as used in such

chapter means an employing office.

‘‘(c) REGULATIONS TO IMPLEMENT SECTION.—
PUBLIC LAW 104–331—OCT. 26, 1996 110 STAT. 4065

‘‘(1) IN GENERAL.—The Federal Labor Relations Authority

shall issue regulations to implement this section.

‘‘(2) AGENCY REGULATIONS.—Except as provided in

subsection (d), the regulations issued under paragraph (1) shall

be the same as substantive regulations promulgated by the

Authority to implement the statutory provisions referred to

in subsection (a), except—

‘‘(A) to the extent the Authority 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; or

‘‘(B) as the Authority may determine that a modification of such regulations is necessary to avoid a conflict

of interest or appearance of a conflict of interest.

‘‘(d) SPECIFIC REGULATIONS REGARDING APPLICATIONS TO

CERTAIN EMPLOYING OFFICES.—

‘‘(1) REGULATIONS REQUIRED.—The Authority shall issue

regulations on the manner and the extent to which the requirements and exemptions of chapter 71 of title 5 should apply

to covered employees who are employed in the offices listed

in paragraph (2). The regulations shall, to the greatest extent

practicable, be consistent with the provisions and purposes

of chapter 71 of title 5 and of this chapter, and shall be

the same as the substantive regulations issued by the Authority

under such chapter, except—

‘‘(A) to the extent the Authority 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) that the Authority shall exclude from coverage

under this section any covered employees who are employed

in offices listed in paragraph (2) if the Authority determines

that such exclusion is required because of—

‘‘(i) a conflict of interest or appearance of a conflict

of interest; or

‘‘(ii) the President’s or Vice President’s constitutional responsibilities.

‘‘(2) OFFICES REFERRED TO.—The offices referred to in

paragraph (1) include—

‘‘(A) the White House Office;

‘‘(B) the Executive Residence at the White House;

‘‘(C) the Office of the Vice President;

‘‘(D) the Office of Policy Development;

‘‘(E) the Council of Economic Advisers;

‘‘(F) the National Security Council;

‘‘(G) the Office of Management and Budget; and

‘‘(H) the Office of National Drug Control Policy.

‘‘(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
110 STAT. 4066 PUBLIC LAW 104–331—OCT. 26, 1996

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.

‘‘PART E—GENERAL

‘‘§ 435. Generally applicable remedies and limitations

‘‘(a) ATTORNEY’S FEES.—If a covered employee, with respect

to any claim under this chapter, or a qualified person with a

disability, with respect to any claim under section 421, is a prevailing party in any proceeding under section 453(1), the administrative

agency may award attorney’s fees, expert fees, and any other costs

as would be appropriate if awarded under section 706(k) of the

Civil Rights Act of 1964.

‘‘(b) INTEREST.—In any proceeding under section 453(1), the

same interest to compensate for delay in payment shall be made

available as would be appropriate if awarded under section 717(d)

of the Civil Rights Act of 1964.

‘‘(c) CIVIL PENALTIES AND PUNITIVE DAMAGES.—Except as otherwise provided in this chapter, no civil penalty or punitive damages

may be awarded with respect to any claim under this chapter.

‘‘(d) EXCLUSIVE PROCEDURE.—

‘‘(1) IN GENERAL.—Except as provided in paragraph (2),

no person may commence an administrative or judicial proceeding to seek a remedy for the rights and protections afforded

by this chapter except as provided in this chapter and in

sections 1296 and 1346(g) and chapter 179 of title 28.

‘‘(2) VETERANS.—A covered employee under section 416 may

also utilize any provisions of chapter 43 of title 38 that are

applicable to that employee.

‘‘(e) SCOPE OF REMEDY.—Only a covered employee who has

undertaken and completed the procedures described in section 452

may be granted a remedy under part A of this subchapter.

‘‘(f) CONSTRUCTION.—

‘‘(1) DEFINITIONS AND EXEMPTIONS.—Except where

inconsistent with definitions and exemptions provided in this

chapter, the definitions and exemptions in the laws made

applicable by this chapter shall apply under this chapter.

‘‘(2) SIZE LIMITATIONS.—Notwithstanding paragraph (1),

provisions in the laws made applicable under this chapter (other

than paragraphs (2) and (3) of section 2(a) of the Worker

Adjustment and Retraining Notification Act) determining coverage based on size, whether expressed in terms of numbers

of employees, amount of business transacted, or other measure,

shall not apply in determining coverage under this chapter.

‘‘(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.
PUBLIC LAW 104–331—OCT. 26, 1996 110 STAT. 4067

‘‘SUBCHAPTER III—ADMINISTRATIVE AND JUDICIAL

DISPUTE RESOLUTION PROCEDURES

‘‘§ 451. Procedure for consideration of alleged violations

‘‘The procedure for consideration of alleged violations of part

A of subchapter II consists of—

‘‘(1) counseling and mediation as provided in section

452; and

‘‘(2) election, as provided in section 453, of either—

‘‘(A) an administrative proceeding as provided in

section 453(1) and judicial review as provided in section

1296 of title 28; or

‘‘(B) a civil action in a district court of the United

States as provided in section 1346(g) of title 28.

‘‘§ 452. Counseling and mediation

‘‘(a) IN GENERAL.—The President, or the designee of the

President, shall by regulation establish procedures substantially

similar to those under sections 402 and 403 of the Congressional

Accountability Act of 1995 for the counseling and mediation of

alleged violations of a law made applicable under part A of subchapter II.

‘‘(b) EXHAUSTION REQUIREMENT.—A covered employee who has

not exhausted counseling and mediation under subsection (a) shall

be ineligible to make any election under section 453 or otherwise

pursue any further form of relief under this subchapter.

‘‘§ 453. Election of proceeding

‘‘Not later than 90 days after a covered employee receives

notice of the end of the period of mediation, but no sooner than

30 days after receipt of such notification, such covered employee

may either—

‘‘(1) file a complaint with the appropriate agency, as

determined under section 454; or

‘‘(2) file a civil action under section 1346(g) of title 28.

‘‘§ 454. Appropriate agencies

‘‘(a) IN GENERAL.—Except as provided in subsection (b), the

appropriate agency under this section with respect to an alleged

violation of part A of subchapter II shall be the Board. 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.

‘‘(b) EXCEPTIONS.—

‘‘(1) DISCRIMINATION.—For purposes of any action arising

under section 411 (or any action alleging intimidation, reprisal,

or discrimination under section 417 relating to any practice

made unlawful under section 411), the appropriate agency shall

be the Equal Employment Opportunity Commission, and the

complaint in any such action shall be processed under the

same administrative procedures as any such complaint filed

by any employee in the executive branch of the Federal

Government (other than a covered employee).

‘‘(2) MIXED CASES.—In the case of any covered employee

(within the meaning of section 411) who has been affected

by an action which an employee of an executive agency may

Regulations.
110 STAT. 4068 PUBLIC LAW 104–331—OCT. 26, 1996

appeal to the Board and who alleges that a basis for the

action was discrimination prohibited by section 411 (or any

action alleging intimidation, reprisal, or discrimination under

section 417 relating to any practice made unlawful under section 411), the initial appropriate agency shall be the Board,

and such matter shall thereafter be processed in accordance

with section 7702(a)–(d) (disregarding paragraph (2) of such

subsection (a)) and (f) of title 5.

‘‘(3) JUDICIAL REVIEW.—Notwithstanding any other

provision of law (including any provision of law referenced

in paragraph (1) or (2)), judicial review of any administrative

decision under this subsection shall be by appeal to the United

States Court of Appeals for the Federal Circuit under section

1296 of title 28.

‘‘§ 455. Effect of failure to issue regulations

‘‘In any proceeding under section 453(1), if the President, or

the designee of the President, has not issued a regulation on a

matter for which this chapter requires a regulation to be issued,

the administrative agency shall apply, to the extent necessary and

appropriate, the most relevant substantive executive agency regulation promulgated to implement the statutory provision at issue

in the proceeding.

‘‘§ 456. Confidentiality

‘‘(a) COUNSELING.—All counseling under section 452 shall be

strictly confidential, except that, with the consent of the covered

employee, the employing office may be notified.

‘‘(b) MEDIATION.—All mediation under section 452 shall be

strictly confidential.

‘‘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 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.

(c) TECHNICAL AMENDMENT.—The table of chapters for title

3, United States Code, is amended by adding at the end the

following:

‘‘5. Extension of Certain Rights and Protections to Presidential

Offices ...................................................................................................... 401’’.

SEC. 3. AMENDMENTS TO TITLE 28, UNITED STATES CODE.

(a) CIRCUIT COURT JURISDICTION.—

(1) IN GENERAL.—Chapter 83 of title 28, United States

Code, is amended by adding at the end the following:

3 USC 401 note.
PUBLIC LAW 104–331—OCT. 26, 1996 110 STAT. 4069

‘‘§ 1296. Review of certain agency actions

‘‘(a) JURISDICTION.—Subject to the provisions of chapter 179,

the United States Court of Appeals for the Federal Circuit shall

have jurisdiction over a petition for review of a final decision under

chapter 5 of title 3 of—

‘‘(1) an appropriate agency (as determined under section

454 of title 3);

‘‘(2) the Federal Labor Relations Authority made under

part D of subchapter II of chapter 5 of title 3, notwithstanding

section 7123 of title 5; or

‘‘(3) the Secretary of Labor or the Occupational Safety

and Health Review Commission, made under part C of

subchapter II of chapter 5 of title 3.

‘‘(b) FILING OF PETITION.—Any petition for review under this

section must be filed within 30 days after the date the petitioner

receives notice of the final decision.’’.

(2) TABLE OF SECTIONS.—The table of sections for chapter

83 of title 28, United States Code, is amended by adding at

the end the following:

‘‘1296. Review of certain agency actions.’’.

(b) DISTRICT COURT ACTIONS.—

(1) JURISDICTION.—Section 1346 of title 28, United States

Code, is amended by adding at the end the following:

‘‘(g) Subject to the provisions of chapter 179, the district courts

of the United States shall have exclusive jurisdiction over any

civil action commenced under section 453(2) of title 3, by a covered

employee under chapter 5 of such title.’’.

(2) VENUE.—

(A) IN GENERAL.—Chapter 37 of title 28, United States

Code, relating to venue, is amended by adding at the end

the following:

‘‘§ 1413. Venue of cases under chapter 5 of title 3

‘‘Notwithstanding the preceding provisions of this chapter, a

civil action under section 1346(g) may be brought in the United

States district court for the district in which the employee is

employed or in the United States District Court for the District

of Columbia.’’.

(B) TABLE OF SECTIONS.—The table of sections for chapter 37 of title 28, United States Code, relating to venue,

is amended by adding at the end the following:

‘‘1413. Venue of cases under chapter 5 of title 3.’’.

(3) JURY TRIALS.—Section 2402 of title 28, United States

Code (relating to jury trials), is amended by striking ‘‘Any

action’’ and inserting ‘‘Subject to chapter 179 of this title, any

action’’.

(c) PROCEDURE.—Part VI of title 28, United States Code, is

amended by adding at the end the following new chapter:

‘‘Chapter 179—Judicial Review of Certain Actions by

Presidential Offices

‘‘Sec.

‘‘3901. Civil actions.

‘‘3902. Judicial review of regulations.

‘‘3903. Effect of failure to issue regulations.

‘‘3904. Expedited review of certain appeals.
110 STAT. 4070 PUBLIC LAW 104–331—OCT. 26, 1996

‘‘3905. Attorney’s fees and interest.

‘‘3906. Payments.

‘‘3907. Other judicial review prohibited.

‘‘3908. Definitions.

‘‘§ 3901. Civil actions

‘‘(a) PARTIES.—In an action under section 1346(g) of this title,

the defendant shall be the employing office alleged to have

committed the violation involved.

‘‘(b) JURY TRIAL.—In an action described in subsection (a),

any party may demand a jury trial where a jury trial would be

available in an action against a private defendant under the relevant law made applicable by chapter 5 of title 3. In any case

in which a violation of section 411 of title 3 is alleged, the court

shall not inform the jury of the maximum amount of compensatory

damages available under section 411(b)(1) or 411(b)(3) of title 3.

‘‘§ 3902. Judicial review of regulations

‘‘In any proceeding under section 1296 or 1346(g) of this title

in which the application of a regulation issued under chapter 5

of title 3 is at issue, the court may review the validity of the

regulation in accordance with the provisions of subparagraphs (A)

through (D) of section 706(2) of title 5. If the court determines

that the regulation is invalid, the court shall apply, to the extent

necessary and appropriate, the most relevant substantive executive

agency regulation promulgated to implement the statutory provisions with respect to which the invalid regulation was issued.

Except as provided in this section, the validity of regulations issued

under this chapter is not subject to judicial review.

‘‘§ 3903. Effect of failure to issue regulations

‘‘In any proceeding under section 1296 or 1346(g) of this title,

if the President, the designee of the President, or the Federal

Labor Relations Authority has not issued a regulation on a matter

for which chapter 5 of title 3 requires a regulation to be issued,

the court shall apply, to the extent necessary and appropriate,

the most relevant substantive executive agency regulation promulgated to implement the statutory provision at issue in the

proceeding.

‘‘§ 3904. Expedited review of certain appeals

‘‘(a) IN GENERAL.—An appeal may be taken directly to the

Supreme Court of the United States from any interlocutory or

final judgment, decree, or order of a court upon the constitutionality

of any provision of chapter 5 of title 3.

‘‘(b) JURISDICTION.—The Supreme Court shall, if it has not

previously ruled on the question, accept jurisdiction over the appeal

referred to in subsection (a), advance the appeal on the docket,

and expedite the appeal to the greatest extent possible.

‘‘§ 3905. Attorney’s fees and interest

‘‘(a) ATTORNEY’S FEES.—If a covered employee, with respect

to any claim under chapter 5 of title 3, or a qualified person

with a disability, with respect to any claim under section 421

of title 3, is a prevailing party in any proceeding under section

1296 or section 1346(g), the court may award attorney’s fees, expert

fees, and any other costs as would be appropriate if awarded under

section 706(k) of the Civil Rights Act of 1964.
PUBLIC LAW 104–331—OCT. 26, 1996 110 STAT. 4071

‘‘(b) INTEREST.—In any proceeding under section 1296 or section

1346(g), the same interest to compensate for delay in payment

shall be made available as would be appropriate if awarded under

section 717(d) of the Civil Rights Act of 1964.

‘‘(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.

‘‘§ 3906. Payments

‘‘A judgment, award, or compromise settlement against the

United States under this chapter (including any interest and costs)

shall be paid—

‘‘(1) under section 1304 of title 31, if it arises out of an

action commenced in a district court of the United States (or

any appeal therefrom); or

‘‘(2) out of amounts otherwise appropriated or available

to the office involved, if it arises out of an appeal from an

administrative proceeding under chapter 5 of title 3.

‘‘§ 3907. Other judicial review prohibited

‘‘Except as expressly authorized by this chapter and chapter

5 of title 3, the compliance or noncompliance with the provisions

of chapter 5 of title 3, and any action taken pursuant to chapter

5 of title 3, shall not be subject to judicial review.

‘‘§ 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.

(e) CONFORMING AMENDMENTS.—The table of chapters for part

VI of title 28, United States Code, is amended by adding at the

end the following:

‘‘179. Judicial Review of Certain Actions by Presidential Offices ......... 3901’’.

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

3 USC 401 note.

28 USC 1296

note.
110 STAT. 4072 PUBLIC LAW 104–331—OCT. 26, 1996

LEGISLATIVE HISTORY—H.R. 3452:

HOUSE REPORTS: No. 104–820, Pt. 1 (Comm. on Government Reform and Oversight).

CONGRESSIONAL RECORD, Vol. 142 (1996):

Sept. 24, considered and passed House.

Oct. 3, considered and passed Senate, amended.

Oct. 4, House concurred in Senate amendments.

WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 32 (1996):

Oct. 26, Presidential statement.

Æ

for the implementation of the rights and protections under

the section.

SEC. 5. REPEAL OF SECTION 303 OF THE GOVERNMENT EMPLOYEE

RIGHTS ACT OF 1991.

(a) IN GENERAL.—Section 303 of the Government Employee

Rights Act of 1991 (as redesignated by section 504(a)(3) of the

Congressional Accountability Act of 1995) is repealed.

(b) EFFECTIVE DATE.—This section shall take effect on October

1, 1997.

(c) SAVINGS PROVISION.—The repeal under this section shall

not affect proceedings under such section 303 in which a complaint

was filed before the effective date of this section, and orders shall

be issued in such proceedings and appeals shall be taken therefrom

as if this section had not been enacted.

Approved October 26, 1996.

2 USC 1219 note.

2 USC 1219 note.

2 USC 1219 note.